Terms of Service

Below is the legal mumbo-jumbo of the terms of service… but wouldn’t it be nice if they were written in a way we can actually understand? So here it goes…

With your Consultant Membership you receive access to my digital design library. You can post these to your social media channels, print them for your customers, text them, etc.

But there’s a few things you cannot do…

  1. You cannot share these designs with other consultants for their use*
  2. You cannot sell these designs
  3. You cannot present these designs as your own work
  4. You cannot make unreasonable edits to these designs**
  5. You cannot hire another designer to make edits to these designs on your behalf

*If you are signed up as a director you may share these designs with your downline, including directors who have debuted under you. However if your directors want to then share with their units they will need their own memberships

**Reasonable edits to designs include adding your name, website, contact information, dates, or adjusting prices.

This website and the files on it are protected by Creative Commons License CC BY-ND 4.0 DEED Attribution-NoDerivs 4.0 International

Click here to understand the Creative Commons Licensing

Intellectual Property

Copyright Ownership.  The copyrighted work(s) are created as a tool for Subscribers to further their small business. Make it Pink Design & Creationsowns all rights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider business.

Permitted Uses of Product(s). Provider grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client does not claim the Provider’s work as their own, make edits to the Provider’s work or hire others to do so or attempt to resell the products created by the Provider. The Client is permitted to use the Provider’s products in the following circumstances.

  1. For use on social media in personal and business pages
  2. To be printed for reasonable use within the Client’s business

Under no circumstance may the Client give access to the copyrighted works created by the Provider to any other individual except when they are under a Director Membership at which point they may share the files only with their downline associates.

Artistic Release

Style. Subscriber has spent a satisfactory amount of time reviewing Provider’s work and has a reasonable expectation that Provider will perform the Services in a similar manner and style.

Consistency. Provider will use reasonable efforts to ensure Subscriber’s desired Services are produced in a style and manner consistent with Provider current portfolio. However, Subscriber understands and agrees that:

  1. Every client is different, with different tastes, budgets, and needs;
  2. Provider services are often a subjective art and Provider has a unique vision, with an ever-evolving style and technique;
  3. Provider will use its artistic judgment when providing Services for Subscribers, which may not include strict adherence to Subscriber’s personal preference; Although Provider will use reasonable efforts to incorporate Subscriber’s suggestions and desires when providing Subscriber with the Services, Provider shall have final say regarding the aesthetic judgment and artistic quality of the Services;
  4. Dissatisfaction with Provider’s aesthetic judgment or artistic ability are not valid reasons for request of any monies returned.

Limit of Liability

Maximum Damages. Subscriber agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Provider shall refund Subscriber the most recent month’s subscription cost.

Indemnification. Subscriber agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider  provides to Subscriber.