CONDITIONS OF USE
We provide a variety of services and products to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services, or make a purchase; you accept the following conditions. This is why we urge you to read them carefully.
This website is offered and available to users who are 18 years of age or older. By using this website, you represent and warrant that you are of legal age to form a binding contract with the company. If you do not meet all of these requirements, you must not access or use the website.
Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Ruth LovettSmith/LovettSmith Design and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Ruth LovettSmith/LovettSmith Design.
As a condition of your use of this website you warrant to the company that you will not use the website, or any of the resources available from the website, for any purpose that is unlawful or prohibited by these Terms.
EMAIL AND OTHER ELECTRONIC COMMUNICATIONS
LICENSE AND SITE ACCESS
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and make personal use of this website.
Access to this website including, without limitation, the website content is provided for your information and personal, non-commercial use only. The information contained on this website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice. When using this website, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law.
We reserve the right to withdraw or amend this website, and any service or material we provide on the website, at our sole discretion without notice. From time to time we may restrict access to some parts of the website, or the entire website, to users including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
WEBSITE ACCURACY AND PERSONAL RESPONSIBILITY
We have done our best to ensure that the information provided on this website is accurate and provides valuable information, however we cannot guarantee the accuracy of the information.
We are not responsible for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: any errors in or omissions from this website, including but not limited to technical inaccuracies and typographical errors; any third party websites or content therein directly or indirectly accessed through links in this website; the unavailability of this website or any portion of this website; your use of this website; or your use of any equipment or software in connection with this website.
By using this website, you agree to do so at your own risk and accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this website. You understand that comment or forum posts are the sole content of the author. Your use of the website means you agree that you will not hold the company liable/responsible and will not pursue legal action against the company, company employees, and anyone appearing/writing for the company by invitation from us for any reason at any time.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
This website may contain links to other third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Ruth LovettSmith/LovettSmith Design. The linked websites are not under the control of Ruth LovettSmith/LovettSmith Design and we are not responsible for the contents of any linked website, including without limitation any link contained in a linked website, or any changes or updates to a linked website. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from this website, you do so at your own risk and you agree that Ruth LovettSmith/LovettSmith Design has no liability arising from your use of or access to any third party website, service, or content.
Certain services made available via this website are delivered by third-party websites and organizations. By using any product, service, or functionality originating from this website, you hereby acknowledge and consent that the company may share such information and data with any third party with whom the company has a contractual relationship to provide the requested product, service or functionality on behalf of the website’s users and customers.
USE OF DIGITAL DOWNLOADS AND PRODUCTS
Digital Downloads, Printable Art, and Templates (Including Canva Templates)
- All products are for personal use only, unless specified otherwise.
- Commercial use/license products are clearly labeled on each product page as **COMMERCIAL USE ALLOWED**.
- Purchased files may be printed as many times as needed, either for personal use or to give away as a personal gift.
- Files may not be shared (either by email list, personal/business website/blog, social media, or other means), or given away as freebies or giveaways.
- Purchased and free files may not be resold (as is) for a profit (digitally or physically) unless marked as a **PLR – RESALE PRODUCT**.
- Files may not be used on the internet in any branding or logo design unless specified otherwise.
- Purchase of files does not transfer rights. Copyright of any work sold on this site remains with the artist.
- Files do not have a set expiration date. They are yours to download/use as long as they are available and this website is up and running. However, we are not responsible for replacing lost files after 30 days from purchase. If you joined our Annual or VIP Membership, you have download access to your files for as long as you are a member, and this website is up and running.
- Annual and VIP Memberships are not transferable, can not be purchased for free (for other individuals) with your membership, and can not be shared among multiple individuals.
- We reserve the right to remove, update, or modify products from our online shop if we deem necessary.
- Due to the nature of digital products, all products are non-refundable. Should you have a product question or issue – please reach out and we will work with you to resolve the matter. If you are unsure about making a purchase, join the Freebie Library Club for access to our library of free products before making a purchase decision.
- By purchasing our digital products and downloads, you have agreed to our full terms of service/use/purchase.
- See our FAQ page for more information on our printable art and digital products.
- Purchased templates, for use on Canva, are subject to Canva’s policies which can be found at https://www.canva.com/policies/
- In addition, from time to time I may use high end paid stock photography in my templates. In that event: “Ivory Mix is the copyright holder of the photos/videos. The photos/videos included within your (template/document/product) may only be used on this (template/document/product). You may not extract and use these photos outside of this (template/document/product). Should you want an extended license to use the photos in a different application, you may do so by purchasing them at Ivorymix.com or by becoming a member of the Ivory Mix Membership.” (affiliate link)
OUR AFFILIATE PROGRAM TERMS OF SERVICE AGREEMENT
By signing up to be an affiliate in our affiliate program you are agreeing to be bound by the following terms and conditions (“Terms of Service” “service”).
We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that change or enhance the current program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the affiliate program at your own risk.
- You must be 18 years or older to be part of this Program.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- One person or legal entity may not maintain more than one account.
- You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own purchases from this website.
- Payments are made every 30 days during the first week of the month when you have a qualifying balance of $20 or more.
- Affiliate payouts will only be made when the affiliates PayPal email is submitted on the affiliate form.
- Unclaimed affiliate payouts will be voided after 1 year.
- Your affiliate cookie duration is 90 days.
use of links and graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program (“Program”), you will be assigned a unique “Affiliate Code”. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your own website, in your emails, or in other communications.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and this website. You must ensure that each of the links between your site and this website properly utilizes such special link formats. Links to the this website placed on your site pursuant to this agreement and which properly utilize such special link formats are referred to as “Affiliate Links.” You will earn referral fees only with respect to sales on a product occurring directly through your Affiliate Links; we will not be liable to you with respect to any failure by you or someone you refer to use Affiliate Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
referral fees, commissions, and payments
For a product sale to be eligible to earn a referral fee, the customer must be a new customer and must click-through an Affiliate Link from your site, email, or other communications to https://ruthlovettsmith.com and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems for payments made in full. We will not pay commissions on partial payments until the full payment plan is completed. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold with a 365 day period.
Affiliate earnings are capped at 25% per qualifying transaction.
Affiliate payouts will only be made when the affiliates PayPal email is submitted on the affiliate form.
Unclaimed affiliate payouts will be voided after 1 year.
Identifying yourself as an affiliate
When promoting our products, you must state that you are a company/product affiliate where applicable by law. You may not misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of our company or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this agreement.
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
Ruth LovettSmith/LovettSmith Design may terminate or suspend your right to access or use this website, service, or Affiliate Program for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
LIMITATION OF LIABILITY
To the maximum extent permitted by law we will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) resulting from:
- Your access to or use of or inability to access or use the website, service, or Affiliate Program.
- Any conduct or content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties.
- Unauthorized access, use, or alteration of your account.
Furthermore, in no event shall our aggregate liability for all claims relating to the website, service, or Affiliate Program exceed the total referral fees paid or payable to you under this Agreement.
DISPUTES AND ARBITRATION
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this website, the company, any and all contracts you enter into with the company, and any and all of the company’s products and services.
To the extent that you attempt to assert any such claim, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your account. If the company hasn’t been able to resolve the dispute with you informally, you hereby expressly agree to present such claim only through binding arbitration to occur in Massachusetts. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
By visiting this website, you agree that the laws of the state of Massachusetts, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Ruth LovettSmith/LovettSmith Design and you, or its business partners and associates.
We welcome your questions or comments regarding our Terms of Service.
Email address: email@example.com
This terms of service page was last updated on 6/18/2023, and may be updated from time to time without notice.