Terms and Conditions for Rosebud and Co. Creative, LLC
Last updated on December 29, 2023
This website is owned by Rosebud and Co. Creative, LLC
These Terms and Conditions of Purchase (these “Terms and Conditions of Purchase”) sets forth your rights and responsibilities for purchases from Rosebudandco.com and its sub-domains and affiliated sites. Please read these Terms and Conditions of Purchase carefully. This document constitutes a legally binding contract between Rosebud and Co. Creative, LLC and other associated materials and sites linked hereto and operated or controlled by Rosebud and Co. Creative, LLC (herein referred to as “Company”), and you regarding your purchase of website templates, services and digital products (herein referred to as the “Product”). Rosebud and Co. Creative, LLC Terms and Conditions of Purchase, website Terms and Conditions, and the website Privacy Policy are collectively referred to herein as this “Agreement.” In the event of any conflict between these documents with respect to your purchase, these Terms and Conditions of Purchase shall prevail over the website Terms, which shall prevail over the Privacy Policy. By purchasing this product, you (herein referred to as “Customer”) agree to the following terms as a condition of your participation in the Program.
THE SECTION BELOW TITLED “BINDING ARBITRATION” CONTAINS A BINDING ARBITRATION AGREEMENT. BECAUSE THIS SECTION AFFECTS YOUR LEGAL RIGHTS, WE ASK THAT YOU PLEASE READ THEM.
PAYMENT TERMS
At checkout, you may select a payment plan for your purchase to either pay in full or pay in installments. Because of the nature of delivery of digital products and our semi-custom services which have been customized for just for you, you are responsible for payment in full for the purchase, regardless of use, dislike, or any other claim to cancel or discontinue payment. You may not dispute payments owed, cancel your credit card on file, or cease installment payments according to the selected payment plan.
Should you select a payment plan and fail to remit payment, you will be liable for a ten percent (10%) accruing late fee per thirty (30) days of outstanding of unresolved payment. Credit card chargebacks will be subject to a twenty percent (20%) additional fee. If unresolved after thirty (30) days, you will be liable for collection costs, attorneys fees, and any other litigation or legal costs incurred to resolve your outstanding payment. We reserve the right to send you to collections for any outstanding payments owed under the terms of this Agreement. In the case of an outstanding balance or disputed charge, you will not only be responsible for accruing costs and fees, but will be banned from future purchases from us and our affiliates, and your license to use the product purchased will be revoked. Upon notice of revocation of your license to use the product, you will be given fourteen (14) days to remove any intellectual property and works owned by the Company. Further use of Rosebud and Co. Creative, LLC product(s) after revocation and without the Company’s authorization will be subject to copyright infringement action and fees at the discretion of the Company.
PRODUCT LICENSE
You are not permitted to share any Rosebud and Co. Creative, LLC branded products that you have purchased with any other third party or attempt to copy or re-distribute the product and/or design elements in any way.
Each product license is for one use of the product, which is licensed directly to you for your singular personal or business use. You are not permitted to use the Company’s product on multiple websites if you have multiple businesses or personal uses, as each purchase is for a singular license to utilize the product. Any violation of this clause shall result in an immediate termination of your license to use the product and a fee equal to the cost of an approximate estimate of additional license(s) violated without authorization in addition to any attorney’s fees or other fees applicable, not as penalty, but as liquidated damages for this infringement of the Company’s intellectual property and violation of this Agreement.
NO REFUND POLICY
All digital products, services, websites, templates, downloads, and any other purchases made on this Site are non-refundable under any circumstances. Purchased products and/or services cannot be exchanged for other products or services.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for Your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
All digital products and/or services are protected by intellectual property rights and are not to be resold, repackaged, shared, or distributed without the written consent of the Company.
The Company does not tolerate any infringement, exploitation, or misappropriation of its copyrighted property by You or any other third-party entities. All of the products sold on the Company’s Site are protected by copyright and trademark laws, and the Company shall use all measures to assert and protect its rights in those products and prevent them from being used by unauthorized users.
LICENSE TO USE ROSEBUD AND CO. BRANDED PRODUCTS
Any and all purchases made on the Site for any Rosebud and Co. Creative, LLC branded products do not constitute purchases for ownership over the Company’s products or services. Your purchase will not qualify as transferring any ownership rights, privileges, or abilities to exercise control over the product in a manner that exceeds the limited use you are permitted under these Terms. Any and all purchases made on the Site constitute the granting of a limited, non-transferable, non-sublicensable, non-exclusive license to use the products for their intended purposes. Any use that exceeds the intended use of the Company’s product shall result in the immediate revocation of this license to use the Company’s product, and You must immediately cease Your use of the product. All digital products are to be considered shipped and delivered upon completion of the purchasing process and access to the product being granted to You by the Company.
You are not permitted to make any copies of the Company’s branded products, provide access to it to any third parties, any persons, or entities other than Yourself, Your agents, and employees. You may not sublicense, distribute or pledge the Company’s products or any of the rights herein to any third party. Additionally, You will not use any third-party software, including any open-source software, in conjunction with any of the Company’s products, unless You ensure that such use does not cause the products to become subject to any third-party license applicable to such third party software or require the public disclosure or distribution of any other products or the licensing of any products, software, or material for the purpose of making derivative works. Finally, You shall not modify, translate, reverse engineer, decrypt, decompile, disassemble, create derivative works based on, or otherwise attempt to discover the Company’s source code or underlying ideas, techniques, or algorithms.
LICENSED IMAGES
All images that are included in any Rosebud and Co. Creative, LLC products are either the Intellectual Property of the Company, or they are licensed intellectual property that the Company has licensed from third parties for use in its products. These licenses belong to the Company, and Your purchase of any Rosebud and Co. Creative, LLC products does not constitute a purchase, lease, assignment, or transfer of any licenses to these images contained within the products. By accepting these terms and conditions, You understand and agree that You will not tamper with, sell, transfer, copy, modify, or otherwise edit any of the licensed images in the Rosebud and Co. Creative, LLC products.
You understand that the Company has multiple Licensing Agreements with third parties who are providing these images to the Company for its products. These Licensing Agreements do not grant You any rights in these images, or any permissions otherwise to use the images except as expressly instructed by the Company for customizing Your Rosebud and Co. Creative, LLC product in the manner so established by the Company. Any violation of the rights of either the Company’s rights or the third party licensors’ rights will be considered a breach of this Agreement.
You understand that if You do breach this provision, each violation will result in a charged fee of five thousand dollars ($5,000.00), as a fee and not a penalty, that You will be obligated to pay to the Company as liquidated damages for each violation of their licensed property. You will be required to immediately halt all use of all Rosebud and Co. Creative, LLC products and will be responsible for all costs and expenses incurred by the Company in connection with the collection of this charged fee for violating the Company or third party licensors’ rights.
LICENSED FONTS
By using this Site, along with any Rosebud and Co. Creative, LLC branded products, You understand and agree that You will be exposed to various fonts that are integrated into their software. These fonts represent licensed software packages from third party vendors that have entered into agreements with the Company to use their software in the Rosebud and Co. Creative, LLC branded products. You are not entitled to in any way modify, copy, transfer, or otherwise make use of these fonts beyond their intended uses within the Rosebud and Co. Creative, LLC products. You may not alter the Rosebud and Co. Creative, LLC products in any way that would remove or otherwise compromise the fonts that are included in them in some way that would violate any of the rights held by the Company or of the third party licensors. You are only permitted to modify the fonts within the parameters of the Rosebud and Co. Creative, LLC products customization features, and any unauthorized modifications that exceed these parameters will be considered a violation of this provision.
You understand that if You do breach this provision, each violation will result in a charged fee of five thousand dollars ($5,000.00), as a fee and not a penalty, that You will be obligated to pay to the Company as liquidated damages for each violation of their licensed property. You will be required to immediately halt all use of all Rosebud and Co. Creative, LLC products and will be responsible for all costs and expenses incurred by the Company in connection with the collection of this charged fee for violating the Company or third party licensors’ rights.
PERMISSION TO USE WRITTEN COPY
The Company includes multiple examples of copy, writing, or text within the Rosebud and Co. Creative, LLC branded products that they sell. When You purchase these products from the Company, You are granted permission to modify, edit, copy, or otherwise change the text that is contained within the Rosebud and Co. Creative, LLC branded products. The Company recommends that You use the copy that is contained within the products as an example that You may use to inspire Your own words that You may want to use. You are responsible for making these edits and modifications to the copy when You purchase a product from the Company on its Site, and You understand that the Company is not responsible for assisting You or otherwise making any changes to the copy for You. Additionally, You understand that other purchasers may be utilizing the same copy.
ROSEBUD AND CO. CREDIT
The Company strongly recommends that You include a credit to the Company in Your website footer when You use a Rosebud and Co. Creative, LLC branded product. It is not mandatory, but the Company recognizes that customers who participate in crediting the Rosebud and Co. Creative, LLC brand are valuable customers. No compensation will be granted for offering a credit to the Company, but You may be asked to participate in future marketing efforts by the Company that could use Your brand or image as part of the marketing effort by highlighting successful examples of the Company’s work. This credit does not guarantee Your participation in any future marketing campaigns of the Company, but it may elevate You in the Company’s consideration by highlighting Your previous endorsement of the Company’s brand.
EDITING AND UPDATING ROSEBUD AND CO. PRODUCTS
The Company has produced the products and services on its Site for the purpose of providing You a template that You can customize to fit Your unique needs as a part of Your online brand and presence. You understand that You are responsible for editing the template once You have received it to ensure that it will function properly on Your website. The Company is not required to assist You in setting up the template once You have received it. You may contact the Company if You are experiencing any technical issues not of Your own creation, so that the Company may discover the issue and attempt to correct it if it is an issue inherent in the software. You are permitted to edit the template within the boundaries, parameters, and instructions that are built into the template. You are not permitted to edit the template beyond the established boundaries, and any attempt to do so will result in a violation of these terms and conditions and will void Your license to use the template.
USER GENERATED CONTRIBUTIONS
The Site may invite You to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use Your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of Your rights to use the Site.
CONTRIBUTION LICENSE
By posting, sharing or submitting Your Contributions to any part of the Site, You automatically grant, and You represent and warrant that You have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, Your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur through any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images You provide. You waive all moral rights in Your Contributions, and You warrant that moral rights have not otherwise been asserted in Your Contributions.
We do not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations in Your Contributions provided by You in any area on the Site. You are solely responsible for Your Contributions to the Site and You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding Your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor Your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by You to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You. You hereby waive all moral rights to any such Submissions, and You hereby warrant that any such Submissions are original with You or that You have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Site. It is Your responsibility to review this policy for any changes or updates to the “Last updated” date, and if such an update has occurred then to examine these terms and conditions for the newest provisions or modifications.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to You. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and Your use of the Site are governed by and construed in accordance with the laws of the State of North Carolina applicable to agreements made and to be entirely performed within the State of North Carolina, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either You or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least
thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and Your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Wake County, North Carolina. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Wake County, North Carolina, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for outstanding payments owed, chargebacks, or other fees owed to the Company; and (d) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
USER DATA
We will maintain certain data that You transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to Your use of the Site. Although we perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using the Site. You agree that we shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between You and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between You and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses You may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
The Company is not responsible for its delay of performance or inability to perform if performance is impossible, illegal, and/or inadvisable because of, for example, fire, riot, acts of God, acts of terrorism, war, epidemics, pandemics, contagions, and/or states of emergency or other similar events which are beyond the Company’s reasonable control.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
Rosebud and Co. Creative, LLC
Raleigh
North Carolina
United States
support@rosebudandco.com
Terms and Conditions Of Purchase
Limited License: Any and all materials, paid or free, that You access on this or any related domains that contain our Offerings are under the sole ownership or licensed use of Rosebud and Co. Creative, LLC
To be clear, we own our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines and trademarks (common law or federally registered). You are not allowed to reproduce any part of our website(s), program(s), product(s), service materials or related communications.
You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering you have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole.
You may:
- Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member)
- Download and/or print any Offering materials for your personal use in your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member)
- Use our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, citing ©Rosebud and Co. Creative, LLC as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.
You may not:
- Re-sell or trade Your access to the Offering
- Share the Offering with anyone else who has not yet purchased it or opted in to receive it
- Reprint or republish any of the Offering, in part or in whole
- Distribute any of the materials contained in the Offering or related materials and/or communications as your own, otherwise known as stealing
- Reproduce and tweak any part or whole of the Offering for distribution as your own work
- Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, templates, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials)
- Use our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)
Online Courses, Digital Products, and Intellectual Property
This Agreement is between You (“Customer”) and Rosebud and Co. Creative, LLC (“Company”)(collectively the “Parties”), for the purpose of Customer purchasing and participating in the Company’s semi-custom website service (the “Customer Website”) or semi-custom brand service ("Customer Brand"). This Agreement shall become effective upon the date of the Customer completing the checkout process.
PROVISION OF SERVICES
The Rosebud and Co. Creative, LLC Services require Customer’s reasonable cooperation and diligent efforts in working with Rosebud and Co. Creative, LLC to create and launch a website and/or brand. To the extent Customer does not provide reasonable cooperation, there may be delays in connection with the launch of Customer’s website and/or brand.
SERVICES SCOPE
Customer Website otherwise referred to as ("Website Only")
Rosebud and Co. Showit Template Of Your Choice
We'll update your colors, fonts, and photography
Mobile / Responsive Design
Content Implementation On Up To 6 Pages
Website Training
72 Hours Post Launch Support
We'll start with one of our Showit Website Templates. Choose the one you feel most drawn to. Then, we'll handle customizing the website with your branding, colors, and fonts, as well as implementing your copy and images into an additional 6 pages of your choice.
One revision is included. We will send over a preview of your Homepage Design on Day 1 (or Day 4 for Branding & Web). You'll have the ability to make tweaks at that time. Once approved, the design will be applied to all other pages in the website.
You'll walk away with:
Add site settings, color & font settings, favicon, socials, etc
We'll update your colors, fonts, and photography
Implementation of your content into 6 pages
Tweaking interior pages to align with custom pages
Embed your newsletter and enable a coming soon page
Plus, our Showit Training Videos, our Showit Step-by-Step Guide, and 72 hour post-launch support for any issues you may run into!
This DOES NOT include:
Website Hosting: You will also have to purchase your domain, email & Showit subscription separately. Showit will help assist with the blog transfer. If you need our support it will be billed hourly.
Gallery/Press Page Implementation: If you need help actually creating and updating your portfolio or galleries, that is done at our hourly rate. Depending on your needs and amount of galleries needed it could range from 3 - 5 hours. Press links and logos are also priced separately. In our Showit Training Videos, we do have a tutorial on how to update your gallery/portfolio.
Color Palette/Fonts: Unless you purchase both the Brand & Web Package, this does not include a brand, logo, etc. We ask that you also have your brand, color palette, and font stack in place so we can easily update it on the template. If you have a logo, but not a color palette or dedicated fonts, we recommend choosing the Brand & Web Package.
Copywriting: We'll provide you with our Content Planner in your homework, to help guide you on providing the content for your website. However, if you don't provide us with content, we will fill sections in with default lorem ipsum and you'll need to update later. If hiring a copywriter, we recommend letting them see the template so they can get an idea of flow and text areas, especially if you want it to go with the flow of the pages.
SEO and Domain Support: The Website Package does include us prepping the pages with SEO, but we do require you to provide us with that information (page title, description, etc). If you need help with domain and tech, we recommend reaching out to Showit Support or referring to our step-by-step written and video guides.
Customer Semi-Custom Brand otherwise referred to as ("Brand Only"):
Brand:
Rosebud and Co. Semi-Custom Brand Of Your Choice
Brand Essentials Questionnaire
Customized Primary and Secondary Logos
Brand Font Suite
Brand Color Palette
Brand Book
We'll start with one of our semi-custom brands. You choose which one you feel drawn to. Then, we'll get to work making the brand feel customized to you! We'll change the name, secondary logos, tagline, colors and you'll even have the option to change the fonts!
This package includes one revision.
You'll walk away with:
Primary & Secondary Logos: We will edit and customize the logo with your name and the layout (if needed to fit).
Brand Elements: If the brand includes custom lettering, a monogram, styled tagline, etc, we will swap them out for your business.
Color Palette: Your homework will help us create a custom color palette for your brand.
Font Stack: Recommendations of fonts and links to purchase if necessary.
The Brand Book: Includes all elements, color palette hex codes, and recommended fonts.
Brand Graphics: All the images for the semi-custom brands? You'll get some just like it but with your own brand.
All brand elements in JPG, PNG, SVG, and PDF in your brand colors.
This DOES NOT include extra custom lettering, the font licenses, or additional brand elements that are not listed on the brand board.
Customer Brand and Website otherwise referred to as ("Brand & Website"):
Brand:
Rosebud and Co. Semi-Custom Brand Of Your Choice
Brand Essentials Questionnaire
Customized Primary and Secondary Logos
Brand Font Suite
Brand Color Palette
Brand Book
We'll start with one of our semi-custom brands. You choose which one you feel drawn to. Then, we'll get to work making the brand feel customized to you! We'll change the name, secondary logos, tagline, colors and you'll even have the option to change the fonts!
This package includes one revision.
You'll walk away with:
Primary & Secondary Logos: We will edit and customize the logo with your name and the layout (if needed to fit).
Brand Elements: If the brand includes custom lettering, a monogram, styled tagline, etc, we will swap them out for your business.
Color Palette: Your homework will help us create a custom color palette for your brand.
Font Stack: Recommendations of fonts and links to purchase if necessary.
The Brand Book: Includes all elements, color palette hex codes, and recommended fonts.
Brand Graphics: All the images for the semi-custom brands? You'll get some just like it but with your own brand.
All brand elements in JPG, PNG, SVG, and PDF in your brand colors.
This DOES NOT include extra custom lettering, the font licenses, or additional brand elements that are not listed on the brand board.
Website:
Rosebud and Co. Showit Template Of Your Choice
We'll update your colors, fonts, and photography
Mobile / Responsive Design
Content Implementation On Up To 6 Pages
Website Training
72 Hours Post Launch Support
We'll start with one of our Showit Website Templates. Choose the one you feel most drawn to. Then, we'll handle customizing the website with your branding, colors, and fonts, as well as implementing your copy and images into an additional 6 pages of your choice.
One revision is included. We will send over a preview of your Homepage Design on Day 1 (or Day 4 for Branding & Web). You'll have the ability to make tweaks at that time. Once approved, the design will be applied to all other pages in the website.
You'll walk away with:
Add site settings, color & font settings, favicon, socials, etc
We'll update your colors, fonts, and photography
Implementation of your content into 6 pages
Tweaking interior pages to align with customized pages
Embed your newsletter and enable a coming soon page
Plus, our Showit Training Videos, our Showit Step-by-Step Guide, and 72 hour post-launch support for any issues you may run into! Please note, that changes to anything previously delivered or any design changes are NOT included.
This DOES NOT include:
Website Hosting: You will also have to purchase your domain, email & Showit subscription separately. Showit will help assist with the blog transfer. If you need our support it will be billed hourly.
Gallery/Press Page Implementation: If you need help actually creating and updating your portfolio or galleries, that is done at our hourly rate. Depending on your needs and amount of galleries needed it could range from 3 - 5 hours. Press links and logos are also priced separately. In our Showit Training Videos, we do have a tutorial on how to update your gallery/portfolio.
Color Palette/Fonts: Unless you purchase both the Brand & Web Package, this does not include a brand, logo, etc. We ask that you also have your brand, color palette, and font stack in place so we can easily update it on the template. If you have a logo, but not a color palette or dedicated fonts, we recommend choosing the Brand & Web Package.
Copywriting: We'll provide you with our Content Planner in your homework, to help guide you on providing the content for your website. However, if you don't provide us with content, we will fill sections in with default lorem ipsum and you'll need to update later. If hiring a copywriter, we recommend letting them see the template so they can get an idea of flow and text areas, especially if you want it to go with the flow of the pages.
SEO and Domain Support: The Website Package does include us prepping the pages with SEO, but we do require you to provide us with that information (page title, description, etc). If you need help with domain and tech, we recommend reaching out to Showit Support or referring to our step-by-step written and video guides.
Scope of Work is limited to what is listed here. If it is NOT listed, it is not included. Please note that any additional work beyond what is listed here will need a separate payment and an additional addendum to this contract.
CUSTOMER LIMITATIONS
The rights granted herein are subject to the following restrictions (the “License Restrictions”):
(a) Customer will not reverse engineer, decompile, disassemble, modify, create derivative works of or otherwise create, attempt to create or derive, or permit or assist any third party to create or derive, the source code underlying the Rosebud and Co. Creative, LLC Services;(b) Except for Customer Website and/or Customer Brand that use the Rosebud and Co. Creative, LLC Services, Customer will not transfer, distribute, resell, lease, license, or assign Rosebud and Co. Creative, LLC Services or otherwise offer the Rosebud and Co. Creative, LLC Services on a standalone basis;
(c) Customer will not use the Rosebud and Co. Creative, LLC Services to violate any applicable local, state, national or international law, or any regulations having the force of law; impersonate any person or entity, or falsely state or otherwise misrepresent its affiliation with a person or entity; solicit personal information from anyone under the age of 18; or further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
(d) Customer will not otherwise use the Rosebud and Co. Creative, LLC Services outside the scope expressly permitted hereunder and in the applicable checkout process; and
(e) Customer will ensure that its users do not use temporary email addresses or share user accounts among multiple individuals, and Customer will permit Rosebud and Co. Creative, LLC to terminate the accounts of any users that violate this Agreement.
CUSTOMER RESPONSIBILITIES
Customer will (a) be responsible for all use of the Rosebud and Co. Creative, LLC Services and Documentation under its account (whether or not authorized), (b) be solely responsible for the accuracy, quality, integrity and legality of Customer Content and Customer Website(s), (c) use commercially reasonable efforts to prevent unauthorized access to or use of the Rosebud and Co. Creative, LLC Services and Documentation and notify Rosebud and Co. Creative, LLC promptly of any such unauthorized access or use and (d) be responsible for obtaining and maintaining any equipment, software and ancillary services needed to connect to, access or otherwise use the Rosebud and Co. Creative, LLC Services, including as set forth in the Documentation.
CONTENT REQUIREMENTS
Customer will provide all required content (website copy, branded materials + website images), workbooks, questionnaires, and information requested by Rosebud and Co. Creative, LLC. All requested content must be received a minimum of 3 Business Days before the Service Date. If we have not received your requested content a minimum of 3 business days before the start of your service, a rescheduling fee of three hundred dollars ($300) will be charged. We must receive the rescheduling fee before we will reschedule your Service Date. If you do not provide your content on time, and you also do not request a rescheduled date within one (1) year from the original date of purchase, Rosebud and Co. Creative LLC considers the project abandoned. All incomplete work will remain the property of Rosebud and Co. Creative, LLC and any fees or deposits made are non-refundable. Abandonment does not remove the Customer of their legal responsibility to make payments on their payment plan nor does it necessitate grounds for a refund. Discarded concepts remain the property of the designer and may not be used by the Customer.
If Customer wishes to restart an abandoned project, they will need to purchase a new semi-custom package with Rosebud and Co. Creative LLC at the current market rates.
Please be aware the customer is responsible for providing:
All the photography on the website. We highly recommend all Rosebud and Co. Creative, LLC customers conduct a new brand photography session for the best results with your high-end branding and website design. If you do not have or provide any photography, Rosebud and Co. Creative, LLC will use the stock photography already provided with your website purchase. You understand the Company is not responsible for assisting You sourcing additional photography, if none is provided.
All the copy (or website words) on the website. Our Services do not include custom copywriting. You will be provided with a digital workbook that is designed to help you create the necessary content for your website. You are responsible for making these edits and modifications to the copy when You purchase a product from the Company on its Site, and You understand that the Company is not responsible for assisting You or otherwise making any changes to the copy for You.
Branded materials (such as logos, typography, color palettes). Unless you purchase the website AND brand package, you will be responsible for sending Rosebud and Co. Creative, LLC your branded materials such as your logo(s), typography selections, color palette and any other branded materials you would like us to include. You understand the Company is not responsible for assisting you with the creation of a logo and/or branded materials unless you have purchased the semi-custom brand service.
Completing all homework (workbooks, questionnaires, and additional information) and all content as requested by Rosebud and Co. Creative, LLC.
Customer is responsible for furnishing all pertinent information, and for furnishing accurate, truthful and complete information necessary for Rosebud and Co. Creative, LLC to perform or complete the agreed services or project. The Customer is responsible for ensuring all photos, images, videos, and content provided hold the proper copyright permissions.
AUTOMATIC ACCEPTANCE OF WORK
Work delivered to the Customer will be deemed automatically accepted 48 hours after delivery, unless the Customer provides specific feedback or requests revisions within this timeframe. This policy is in place to facilitate the timely commencement of our services.
FEEDBACK AND REVISION REQUESTS
Customer acknowledges and agrees that any questions, comments, suggestions, or other feedback related to the services provided by Rosebud and Co. Creative, LLC ("Feedback") must be communicated through designated platforms, specifically Honeybook. This ensures that Feedback is properly recorded and addressed. Rosebud and Co. Creative, LLC shall retain ownership of all Feedback and is under no obligation to keep it confidential.
Rosebud and Co. Creative, LLC is not liable for any oversight or failure to act on Feedback that is not shared through the aforementioned designated channels. Customers are encouraged to use these platforms for all communication regarding Feedback to ensure it is duly noted and appropriately responded to.
SCHEDULES, TIMELINES AND DELAYS
Rosebud and Co. Creative, LLC has provided the Customer with an estimated timeline in this contract to provide guidance on timing and ensuring appropriate time is able to be allocated by the Customer to complete the scope as discussed. Please keep in mind this timeline is only estimated an is subject to change.
Rosebud and Co. Creative, LLC is not responsible for delayed launches due to delays on behalf of the Customer. These delays can be caused by, but not limited to, being late in supplying requested materials, delayed responses, extension revision requests, or requests for changes in the project scope.
Rosebud and Co. Creative, LLC reserves the right to initiate a "Hop On, Hop Off" Policy, which means if the Customer does not deliver content or other feedback on time, the Service Provider will move on with the project without them by using stock photos and Lorem Ipsum. Please note that if Rosebud and Co. Creative, LLC has not hear back from the Customer within 48 hours, Rosebud and Co. Creative, LLC takes this as implied approval and will deliver the services as is. Once Rosebud and Co. Creative, LLC has completed delivery of the service, if the Customer wishes to request additional changes or provide feedback, a new service agreement to create a new website and/or brand will be required.
Customer may not pause or put the project on hold. If the Customer decides they no longer want to work with the Service Provider, they are still liable for the full contract.
3RD PARTY APPS OR EMAILS
Rosebud and Co. Creative, LLC is not responsible for integrations or communication with email providers, 3rd party apps or services.
TECHNICAL SUPPORT
Rosebud and Co. Creative, LLC cannot reasonably guarantee that functions and websites will stay error-free forever. The Customer understands that on-going maintenance is not included and that backups are not included and the sole responsibility of the Customer. On-going security is also the Customer's responsibility. Rosebud and Co. Creative, LLC is not responsible for downtimes or any loss of income due to downtimes.
POST LAUNCH SUPPORT
The Customer will have a 72 hours post launch window to share any bugs with Rosebud and Co. Creative, LLC. Changes to anything previously approved or any design changes are NOT included.
SUSPENSION OF SERVICES BY ROSEBUD AND CO. CREATIVE. LLC
Rosebud and Co. Creative, LLC may also reasonably suspend Customer’s access to Rosebud and Co. Creative, LLC Services and hosting of the Customer Website at any time in its reasonable discretion if it possesses a good faith belief that Customer’s use of the Rosebud and Co. Creative, LLC Services may be in violation of the License Restrictions or if Customer has not fully paid any invoices within fourteen (14) days after when such invoice was due. Rosebud and Co. Creative, LLC shall not be liable or responsible for damages to Customer resulting from the suspension or termination of the Customer’s account. Reinstatement of suspended services requires payment of the outstanding balance in full, including any accrued interest. Suspension of Rosebud and Co. Creative, LLC Services shall not release Customer from any outstanding fees or payments owed.
Semi-Custom Services for Rosebud and Co. Creative, LLC
Last Updated on December 29, 2023
This website is owned by Rosebud and Co. Creative, LLC
NOTICE: This Privacy Policy is legally binding. It is your responsibility to read this Privacy Policy carefully prior to purchase, use or access of any of our products or services, including online courses. By viewing this website or anything made available on or through this website, including but not limited to programs, products, templates, services, opt-ins, e-books, videos, webinars, blog posts, newsletters, e-mails, social media and/or other communication (collectively referred to as “website”), you are agreeing to accept all parts of this Privacy Policy and our Terms and Conditions. If you do not agree to the Terms below, STOP now, and do not access or use this website.
We at Rosebud and Co. Creative, LLC respect your privacy. This Privacy Policy is designed to explain how we collect, use, share, and protect the personal information you provide to us when you access our website, purchase our goods or services, or engage with us on social media, as well as your own rights to the information we collect.
Please read this Privacy Policy carefully. We will alert you to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on our website, and you waive specific notice of any changes to the Policy by continuing to use and access our site(s). We encourage you to review this Privacy Policy periodically, when you use our website for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of our website after the revised Privacy Policy is posted.
INFORMATION THAT WE COLLECT
We collect a variety of information from you when you visit our website, make purchases, or interact with us on social media. By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third party processors as needed for our legitimate business interests. The information we collect may include:
Personal Data: Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on our website or any mobile application. You provide some of this information when you register with or make purchases from our website. You may also provide this information by participating in various activities associated with our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases.
Derivative Data: Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application. Derivative data may also include data collected by third-party service providers, such as advertising and analytics providers, and may include cookies, log data or web beacons. Cookies are discussed more fully below. Derivative data collected by third-party service providers generally does not identify a specific individual.
Financial Data: Financial data is data that is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase, order, return or exchange products or services from our website and any related mobile apps. We store limited financial data. Most financial data is transferred to our payment processor, PayPal, and you should review these processors’ Privacy Policy to determine how they use, disclose and protect your financial data. As a courtesy, PayPal Privacy Policy can be found here: https://www.paypal.com/us/webapps/mpp/ua/privacy-full
Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, Snapchat or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
Mobile Device Data: If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.
Other data: On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.
HOW WE USE YOUR INFORMATION
You information allows us to offer you certain products and services, including the use of our website, to fulfill our obligations to you, to customize your interaction with our company and our website, and to allow us to suggest other products and services we think might interest you. We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our goods or services and interact with our website or mobile app).
Specifically, we may use the information and data described above to:
Create and administer your account; and
Deliver any products or services purchased by you to you; and
Correspond with you; and
Process payments or refunds; and
Contact you about new offerings that we think you will be interested in; and
Interact with you via social media; and
Send you a newsletter or other updates about our company or website; and
Deliver targeted advertising; and
Request feedback from you; and
Notify you of updates to our product and service offerings; and
Resolve disputes and troubleshoot any problems; and
Administer contests or giveaways; and
Generate a profile that is personalized to you, so that future interactions with our website will be more personal; and
Compile anonymous statistical data for our own use or for a third party’s use; and
Assist law enforcement as necessary; and
Prevent fraudulent activity on our website or mobile app; and
Analyze trends to improve our website and offerings.
GROUNDS FOR USING AND PROCESSING YOUR DATA
The information we collect and store is used primarily to allow us to offer goods and services for sale. In addition, Rosebud and Co. Creative, LLC may collect, use and process your information based on the following grounds:
Legitimate Business Interests: We may use and process your data for our legitimate business interests, which include, among other things, communicating with you, improving our goods or services, improving our website, and providing you with the information or products that you have requested.
Performance of a Contract: We may use and process your information to enter into a contract with you and to perform our contractual obligations to you.
Consent: We may use your data, or permit selected third parties to use your data, based on your consent to our use and sharing of that data. You may withdraw your consent at any time, but doing so may affect your ability to use our website or other offerings.
As required by law: We may also use or process your data as required for us to comply with legal obligations.
WHY WE DISCLOSE YOUR INFORMATION
We may share your information with third parties in certain situations. In particular, we may share your data with third party processors as needed to serve our legitimate business interests, which include administration of our website, administration of your account, entering into contracts with you, communicating with you, taking orders for goods or services, delivering our goods and services, identifying trends, protecting the security of our company and website, and marketing additional goods and services to you. The legal basis for our disclosure of your data is both your Consent to this Privacy Policy and our own right to protect and promote our legitimate business interests.
The following are specific reasons why we may share your information.
Third Party Processing: We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery, communications and customer service. We may not always disclose these third party processors if not required by law. We do not authorize them to use or disclose your personal information except in connection with providing our company with their services.
By Law: We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect Our Company: We may use your information to protect our company, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Business transfers: In the unlikely event our company engages in a merger, acquisition, bankruptcy proceedings, dissolution, reorganization or similar transaction or proceeding, we may transfer or share your data as part of that proceeding. In such transitions, customer information is one of the business assets that is acquired by a third party. You acknowledge that such business transfers may occur and that your personal information can continue to be stored, used or processed as otherwise set forth in this privacy policy.
Affiliates: We may share your personal information with our business affiliates who promote our product(s) or service(s) for a commission fee. We require our affiliates to honor this Privacy Policy. They are not allowed to spam you and must disclose they are an affiliate for us. If they do not do so, they are in violation of their affiliate terms and this Privacy Policy, and any violation of this nature should be reported to support@rosebudandco.com.
Advertisers: We may use third party advertising companies to run and manage our ads, such as Google, Facebook, and Instagram to produce ads that appears when you visit our Website or mobile app. These companies may use information about your visit to our website and other websites that are contained in web cookies (as described below) to offer you personalized advertisements about goods and services that might interest you. We cannot control the activities of, such other advertisers or web sites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.
Please note that, at this time, we do not recognize automated browser signals regarding tracking systems, which may include “do not track” instructions.
Other Third Parties: We may share information with advertisers, our investors, or other third parties for the purpose of conducting general business analysis. If we do so, we will make reasonable efforts to inform You if required by law.
Sale or Bankruptcy: In the event that our company is sold, goes out of business or enters bankruptcy, your information may be an asset that is transferred to a third party successor. Such a successor is not bound by our Privacy Policy and may have its own. You will be notified in the event our Company is sold, goes out of business or enters bankruptcy.
Interaction with others: If you interact with others on our website or mobile app, such as participating in a group chat or a group online course, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts.
Online postings: When you post online, your posts may be viewed by others, and we may distribute your comments outside the website.
External Links: Our website may include hyperlinks to other websites not controlled by us. We suggest you exercise caution when clicking on a hyperlink. Although we use reasonable care in including a hyperlink on our own web page, we do not regularly monitor the websites of these third parties, are not responsible for any damage or consequences you suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third party website that you access by a hyperlink, nor are they bound by ours. We encourage you to read the Policies of those third party websites before interacting with them or making purchases. They may collect different information and by different methods than we do.
Other purposes: We may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or our company.
TRACKING TECHNOLOGIES
Log Files: Like many other Web sites, we make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
Cookies: We also use cookies - small text files sent to us by your computer - and web beacons to store certain information. We may use cookies to authenticate your identity, to determine if you are logged onto our website, for personalization, for security, for targeted advertising, or for analysis of the performance of our website and services. For example, cookies allow us to recommend blog posts to you based on what you have read on our site in the past. We use cookies that are not specific to your account but unique enough to allow us to analyze general trends and use, and to customize your interaction with our website. This information helps us to understand the use of our site and to improve our website and service offerings.
We may use any or all of the following types of cookies:
Essential cookies: These cookies help us run our website and improve your experience with your website. These cookies may allow content to load more quickly or allow you to access “members only” or repeat-users sections of our website.
Functionality cookies: These cookies allow us to remember your preferences from earlier visits to our website, including login information, so that you do not have to input the same information multiple times.
Social Media cookies: These cookies allow use to record when you have engaged with a social media tool while visiting our website. For example, we may record that you have “liked” a certain aspect of our website. The social media application may also share data with us that you have allowed it to share. If you wish to change your social media sharing settings, please visit the privacy settings of the social media network.
Advertising cookies: We may work with third party advertising partners who collect information about your browsing habits on our website in order to later display a relevant ad about our services when you are on a third-party site such as a social media platform. These cookies may also allow us to access your location.
Most browsers are set to accept cookies by default. In addition, when you first encounter our website, you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options. However, this may affect your ability to use or make purchases from our website. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. More information about cookies can be found atWhat Are Cookies? By continuing to use our website and not disabling cookies on your browser, you are consenting to our use of cookies in accordance with the terms of this policy.
In addition, we may use third-party software to post advertisements on our website or mobile application, to oversee marketing or email campaigns, or manage other company initiatives. These third party softwares may use cookies or similar tracking technology. We have no control over these third parties or their use of cookies. For more information on opting out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
Pixel tags: We may use a pixel tag which is a small graphic file that allows us to monitor the use of our website and provide us with information regarding your interaction with the website. These tags may collect the IP address from the device you are using and the browser type. Pixel tags are also used by our third party partners to collect information when you visit our website, and we may use this information to display targeted advertisements.
Email confirmations: We may receive email confirmations when you open an email from us. This allows us to determine if users are responding favorably to our email communications and to improve those communications.
Other technologies: Other data technologies may be used that collect comparable information for security, fraud detection and similar purposes, to give us information about your use of our website, and to greater improve our website and service offerings to you.
WEBSITE ANALYTICS
We may partner with third party analytic companies, including FLODESK ANALYTICS, STRIPE ANALYTICS, GOOGLE ANALYTICS, SHOPIFY ANALYTICS. The analytic companies may also use cookies (described above) or other tracking technologies to analyze visitors’ use of our website or mobile app to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third party vendors. However, in order to access our website, you must consent to the collection and use of your information by these third party analytic companies. You should review their Privacy Policy and contact them directly if you have questions. If you do not want any information to be collected and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
Google Analytics: You can opt-out of having your activity on our website made available to Google Analytics by installing the Google Analytics opt-out browser add on. This add-on prevents Google Analytics from retrieving information about your visits to our website. For more information about Google’s Privacy Policy, please visit: https://policies.google.com/privacy.
Twitter: You can opt-out of Twitter’s internet-based ads by visiting: https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads.
You can learn more about Twitter’s Privacy Policy at https://twitter.com/en/privacy
Facebook: You can opt-out of Facebook’s interest-based ads by visiting: https://www.facebook.com/help/568137493302217.
You can learn more about Facebook’s Privacy Policy at: https://www.facebook.com/full_data_use_policy
PROCESSING YOUR INFORMATION
For the most part, we do not process your information in-house, but give it to third party processors for processing. For example, when PayPal takes your payment information, they are a third party processor. They process your payment and remit the funds to us. So in many instances, it will be necessary for us to transmit your information to a third party processor, as we do not have the capability to perform these functions. More detail on third party processing is detailed below.
However, we may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, our need to conduct our legitimate business interests, and to comply with legal obligations. Our purposes in processing this information, if we do, is to administer, maintain, and improve our website and offerings, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services, to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of our company, our customers (including you), and any third parties. We may process the following data:
Data associated with your account, such as your name, address, email address and payment information.
Data about your usage of our website, such as your IP address, geographical information, and how long you accessed our website and what you viewed.
Data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details.
Data that you provide us in the course of using our services.
Data that you post on our website, such as comments or responses to blogs.
Data that you submit to us when you make an inquiry regarding our website or offerings.
Data related to your transactions with us, including your purchase of our goods or services. This information may include contact details and payment information.
Data that you provide to us when you subscribe to our emails or newsletters, including your email address and contact information.
Data that you submit to us via correspondence, such as when you email us with questions.
Any other data identified in this policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other natural person.
INTERNATIONAL DATA
Our website is hosted by servers located in United States.Therefore, if you reside outside United States, some of your data will be transferred internationally to and stored on those servers. In addition, we may use third party processors (including payment processors) and subcontractors located in United States. We use all reasonable methods to protect the safety of your data during transfer, including hosting our website on reputable servers and engaging reputable third party processors. By using this site and providing us with information, you consent to this transfer, processing and storage of your information in United States. Note that the privacy laws in United States may not be as strict as those in other countries. Please be aware that:
We may transfer data that we collect to locations outside of our headquarters for processing or storing, and the data may be processed by our staff or by third-party processors. For example, we may engage third parties to fulfill orders. By submitting your personal data, you agree to this transfer, storing and processing. We take all reasonable steps to make sure your data is treated securely and in conformity with this Privacy Policy.
Data that is provided to use is stored on secure servers. Payment information and other sensitive data will be encrypted to ensure its safety.
The transmission of data via the internet is never completely secure, and we cannot guarantee the security of data that is sent to us electronically.Your transmission of data to us is at your own risk.
Where data that you have transmitted to use is password protected, you are responsible for keeping the password confidential. You are exclusively responsible for any breaches of your data that results from your own disclosure of or failure to protect your password.
DATA RETENTION
We retain personal data as long as it is needed to to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account. Data that we gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for no longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.
We will honor your request to delete your data, as described more fully below unless we are required by law to retain access to the data.However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third parties to whom we have transmitted your data.
We may retain usage data (that is, data that is gathered by our company or third party analytics companies for the purpose of analyzing the use of our website) as needed for internal analysis purposes. This type of data is usually retained for a shorter period of time than personal data, unless the data is necessary to improve the security or functionality of our website or offerings, or we are legally obligated to retain the data for a longer period of time.
SECURITY OF YOUR INFORMATION
We take all reasonable steps to protect your personal data and keep your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information you transmit to us.
By consent to this Privacy Policy, you acknowledge that your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of your data by other parties.
We will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk.
CHILDREN
This website or mobile app is not designed for use by children under age 16, and we do not knowingly solicit personal data from anyone under age 16. If you are under age 16, do not access or use our website or related products or services. If you become aware that we have collected data of anyone under the age of 16, please contact us so that we may delete that data.
SENSITIVE DATA
We request that you do not submit any sensitive data to us, via public postings, email correspondence with us or any other method, including social security number, health data, genetic data, or information related to your ethnic origin, religious beliefs or criminal history. If you do send us this information, then by doing so you are consenting to our use, storage and processing of this information in accordance with this privacy policy.
YOUR RIGHTS
You have certain rights with respect to your personal data, as outlined below. Note that we may charge you a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law.
Update Account Information: You have the right to update or change any information you have provided to us. To update or delete your information, please contact us at support@rosebudandco.com.
Confirm Personal Data and Its Use: You have the right to request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change your consent to our use of your information. In such cases, we may require you to delete your account with us, as described above, and you may not have full access to our website.
Request a Copy of Data: You have the right to request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Transfer Your Data: You have the right to request that we gather and transfer your data to another controller, in a commonly used and machine readable format, unless doing so would cause us an undue burden.
Delete All Data: You have the right to request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with us and you may have limited or no use of our website.
Emails And Communications: You may opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at support@rosebudandco.com.
Marketing Communications: You may opt out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at support@rosebudandco.com.
Processing: You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or our company. In addition, you may opt out of any processing of your data altogether. Note however that doing so may result in the termination of your account and loss of access to our website.
Complaints: If you are an EU resident, you have the right to complain to a supervising authority if you believe we are misusing your data or have violated any of your rights under this Privacy Policy or applicable law. You may do so in the EU member state in which you reside or have your place of business or in which the alleged infringement took place. If you are located outside the EU, you may have rights under privacy laws in the jurisdiction where you live.
CALIFORNIA PRIVACY RIGHTS
The State of California has established its own unique regulations that apply to California residents. If you reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third party marketers, and the names and addresses of each third party to whom we disclose your data. If you are a California resident and would like to make such a request, please use the contact information listed below.
If you are a California resident and under the age of 18, you have the right to request that we remove any data that you publicly post on our website. To request removal of your data, please use the contact information listed below. Note that while we will remove your data that is publicly posted on our website, we may not be able to completely remove that data from our systems.
Newsletter Privacy
We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns. We do not ever sell your information to third parties.
Severability
If any part of these Terms, Conditions and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
Entire Agreement
The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.
Law and Jurisdiction
These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of North Carolina, United States.
Contact Information
Email:
Rosebud and Co. Creative, LLC
support@rosebudandco.com
Privacy Policy for Rosebud and Co. Creative, LLC
PAYMENT TERMS
At checkout, you may select a payment plan for your purchase to either pay in full or pay in installments. Because of the nature of delivery of digital products and our semi-custom services which have been customized for just for you, you are responsible for payment in full for the purchase, regardless of use, dislike, or any other claim to cancel or discontinue payment. You may not dispute payments owed, cancel your credit card on file, or cease installment payments according to the selected payment plan.
Should you select a payment plan and fail to remit payment, you will be liable for a ten percent (10%) accruing late fee per thirty (30) days of outstanding of unresolved payment. Credit card chargebacks will be subject to a twenty percent (20%) additional fee. If unresolved after thirty (30) days, you will be liable for collection costs, attorneys fees, and any other litigation or legal costs incurred to resolve your outstanding payment. We reserve the right to send you to collections for any outstanding payments owed under the terms of this Agreement. In the case of an outstanding balance or disputed charge, you will not only be responsible for accruing costs and fees, but will be banned from future purchases from us and our affiliates, and your license to use the product purchased will be revoked. Upon notice of revocation of your license to use the product, you will be given fourteen (14) days to remove any intellectual property and works owned by the Company. Further use of Rosebud and Co. Creative, LLC product(s) after revocation and without the Company’s authorization will be subject to copyright infringement action and fees at the discretion of the Company.
NO REFUND POLICY
All digital products, services, websites, templates, downloads, services and any other purchases made on this Site are non-refundable under any circumstances. Purchased products and/or services cannot be exchanged for other products or services.
Payments and Refund Policy for Rosebud and Co. Creative, LLC
Last Updated on December 29, 2023
This website is owned by Rosebud and Co. Creative, LLC
By viewing this website or anything made available on or through this website, including but not limited to programs, products, templates, services, opt-ins, e-books, videos, webinars, blog posts, newsletters, e-mails, social media and/or other communication (collectively referred to as “website”), you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the Disclaimer below, STOP now, and do not access or use this website.
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at support@rosebudandco.com.
Earnings Disclaimer
Any earnings or income statements or examples shown through our website are only estimates of what might be possible now or in the future. There can be no assurance as to any particular financial outcome based on the use of our Website. You agree that I am not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website. You are solely responsible for your results.You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches our Offering(s) with different backgrounds, disposable income levels, motivation and other factors that are outside of Our control. Therefore, we cannot guarantee Your success merely upon access or purchase of our Offering(s) or related material(s).
General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, financial advice.
Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including you.
Warranties Disclaimer
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Technology Disclaimer
We make reasonable efforts to provide You with modern, reliable technology, software and platforms from which to access our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider, such as Showit.
Affiliate Disclaimer
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in this Disclaimer. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
Law and Jurisdiction
These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of North Carolina, United States.
Consent
By using our website, you hereby consent to our Terms and Conditions of Use.
If you require any more information or have any questions about our Terms and Conditions of website use, Privacy Policy, or Disclaimer, please feel free to contact us by email at support@rosebudandco.com.
All Rights Reserved
All rights not expressly granted in these Terms and Conditions of Use or any express written here, are reserved by Rosebud and Co. Creative, LLC.
Contact
If you have any questions about any term of these Disclaimers, please contact us at support@rosebudandco.com.
By using this Website you are agreeing to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact us at support@rosebudandco.com.
Thank you.
Disclaimer for Rosebud and Co. Creative, LLC
DISCLAIMER: Your level of success in attaining the results from using our products, services, and information depends on, but is not limited to, the time you devote to the program(s), template(s) and courses, ideas and techniques used, your preexisting knowledge, paid advertisements and their budget, your team of support or employees, various skills, business savvy, network, and financial situation. Our program(s) and offerings are not a get rich scheme and it will require a developed skill set or ability to take action. It takes commitment and dedication to achieve results, and if you are unwilling to do that, this is not for you. While we make every effort to ensure that we accurately represent all the products and services reviewed on this website and their potential for income, earnings and income statements made by Rosebud and Co. Creative, LLC and its advertisers / sponsors are estimates only of what we think you can possibly earn.
