Privacy Policy

A legal disclaimer

EVOKE STUDIO & GIFTS by Melissa Mitchell USER AGREEMENT

This User Agreement (hereinafter, the “Agreement”) is entered into by and between Evoke Studio & Gifts & Melissa Mitchell Art & Design (hereinafter, MMAD), and you, the purchaser and user of MMAD’s services and products (hereinafter, the “User”). User expressly represents and warrants that: (i) User has read and understands this Agreement and will abide by all terms and conditions hereof; and (ii) the person signing this Agreement for and on behalf of User is authorized to do so and MMAD may rely on such person’s signature without any further inquiry with respect thereto. This Agreement governs the relationship and all transactions between MMAD and User.

Recitals

MMAD has developed and maintains certain proprietary marketing, advertising, and educational Information, processes, and/or products that provide unique and valuable Information regarding online marketing. Certain portions of the proprietary Information, processes, and/or products are provided free of charge, upon User’s registration with MMAD. (Free Phone Wallpaper) The remainder of the proprietary Information, processes, and/or products are provided for a fee to users through programs and services (hereinafter, the “Paid Products”), such as business coaching services, other support services, and access to non-public portions of MMAD’s website and closed Facebook group.
User confirms that it is an individual or business enterprise engaged in retail activity and desires to use MMAD’s proprietary Information, processes, and/or products in accordance with the terms, conditions, and limitations outlined herein.
The term “User” shall be defined in this Agreement as the purchaser and user of MMAD’s services and products, as well as any employee of such person or entity.
The term “person” shall be defined in this Agreement as any individual person, as well as any corporation, limited liability company, partnership, sole proprietorship, and/or any other entity of any kind.

NOW THEREFORE, in consideration of these recitals, User and MMAD agree as follows:

License

Provided that User gives the requisite consideration as set forth in Paragraph 3 of this Agreement, and on such other terms and subject to such other conditions and limitations as are set forth in this Agreement, MMAD hereby grants to User a non-exclusive, non-transferable right and license to use the Free modules and Paid Products. This license may be revoked by MMAD if User violates any of the terms or conditions of this Agreement. In the event the license is so revoked, User shall not be entitled to a refund of any money paid to MMAD.
Limitations on use by User. User shall not directly or indirectly: (a) copy, reproduce, modify, publish, or distribute the Free Modules or Paid Products, in whole or in part, to any other person; (b) grant any sublicense or any sub-authorization, assign in whole or in part, or otherwise grant or purport to grant to any person any right to obtain, use, exploit, copy, publish, or distribute the Free modules or Paid Products, in whole or in part, to any other person; or (c) display the Free modules or Paid Products, in whole or in part, on any website or publication. User shall not use the name of MMAD without MMAD’S prior written consent. User shall retain any and all notices, limitations, disclaimers and copyright notices attached to the Free modules and/or Paid Products, shall not alter the Paid Products, and shall not use any portion of the Free modules or Paid Products in connection with any proxy, proxy statement, proxy soliciting material, prospectus, Securities Registration Statement, or similar document without the express written consent of MMAD. In accordance with the License granted in Paragraph 1, above, User will be given an account and certain login privileges on MMAD’s website, as well as privileges with respect to a private Facebook group operated by MMAD. User may not permit any person to have access to its account or any of its privileges unless such person is an officer or employee of User.
Within five minutes after purchase, User will receive two emails a receipt and login details. The Login Details email provides immediate access to Paid Products. If User does not receive these emails, User can email support@mafsb.com and MMAD will resend the email needed to access Paid Products.
To remain fair to all members, there will be absolutely no exceptions to the refund policy stated herein.
User agrees that any reliance upon the Free modules and/or Paid Products is entirely at the discretion and risk of User. User acknowledges that (a) any collection and compilation of information of the kind included in the Free modules and Paid Products entails the possibility of some human and machine errors, omissions, delays, interruption and losses. ACCORDINGLY, USER ACKNOWLEDGES AND AGREES THAT ALL MATERIALS AND SERVICES PROVIDED TO IT BY MMAD, INCLUDING, BUT NOT LIMITED TO, THE FREE MODULES AND PAID PRODUCTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MMAD MAKES NO WARRANTIES THAT: (A) THE FREE MODULES AND/OR PAID PRODUCTS WILL MEET USER’S REQUIREMENTS; (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFOMMADTION PURCHASED OR OBTAINED BY USER FROM MMAD WILL MEET USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
Limitation of Liability. MMAD, ITS OFFICERS, AFFILIATES, AND EMPLOYEES SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES RELATING TO OR ARISING OUT OF IN ANY WAY THE FREE MODULES AND/OR PAID PRODUCTS, OR ANY TRANSACTION PERFORMED OR UNDERTAKEN UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER FORESEEABLE OR UNFORESEEABLE (AND WHETHER OR NOT SUCH PARTY OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED UPON LOST GOODWILL, LOST PROFITS, LOSS OF DATA OR INTERRUPTION IN ITS USE OR AVAILABILITY, STOPPAGE OF WORK OR OTHERWISE, WHETHER ARISING OUT OF BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY IN TORT OR OTHERWISE, AND WHETHER BASED ON ANY PROVISION OF THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN THE PARTIES. USER SHALL DEFEND AND INDEMNIFY MMAD, AS WELL AS ITS OFFICERS AND EMPLOYEES, FROM ANY SUCH LIABILITY. FURTHER, AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL MMAD’S TOTAL LIABILITY FOR A CLAIM OF ANY KIND, REGARDLESS OF THE FORUM IN WHICH ANY ACTION MAY BE BROUGHT, EXCEED THE TOTAL AMOUNT THAT USER HAS PAID TO MMAD.
Periodic Changes to Free modules and/or Paid Products. User agrees that, from time to time, MMAD may make editorial, analytical, or aesthetic changes to the Free modules and/or Paid Products and that MMAD shall have no obligation to notify User of the changes.
Limitation of Obligations. User agrees that MMAD shall have no obligations to User or any other party except as set forth herein.
This Agreement shall be governed by, and interpreted and construed in accordance with, the laws of the State of Texas without giving effect to any conflict of law rules. This Agreement is not intended to benefit any third party and the parties do not intend to create any third-party beneficiary rights under this Agreement. Neither party will be liable to the other party for any default or delay in the performance of its obligations hereunder (other than its obligation to pay any monies owed to the other party or any third party) if the default or delay is caused by circumstances or conditions that are beyond such party’s reasonable control. If any provision of this Agreement is held invalid or unenforceable for any reason, such provision shall be deemed to apply only to the minimum extent permitted by law, and the remainder of this Agreement shall remain valid and enforceable in accordance with its terms. No failure or delay on the part of any party hereto to exercise any right, power or remedy shall operate as a waiver thereof. Each party acknowledges that it has had the opportunity to review this Agreement with legal counsel of its choice, and there will be no presumption that ambiguities will be construed or interpreted against the drafter.
User agrees that any disputes between it and MMAD must be submitted to binding arbitration before a single arbitrator proceeding under the American Arbitration Association’s rules for commercial arbitration, and that such arbitration shall occur in Corpus Christi, Texas. In any arbitration or other proceeding between MMAD and User, the costs and fees of arbitration, not including attorneys’ fees, shall be allocated by the arbitrator, and the prevailing party shall be entitled to an award of its reasonable attorneys’ fees incurred in resolving such dispute and to enforce any final judgment or order. User and MMAD specifically agree to use this arbitration procedure in place of any rights they otherwise would have had to submit to a court or jury any dispute between them.
Full Expression of the Parties’ Intent. This Agreement constitutes the full and complete Agreement between MMAD and User with respect to the subject matter thereof and supersedes any previous agreements as to such subject matter. No changes, amendments, or modifications to this Agreement shall be binding unless set forth in a writing duly executed by the parties.
Chargebacks. Since we provide a clear Refund Policy in our Terms of Use, which the User agreed to prior to completing the purchase of any product of service provided by MMAD, MMAD does not tolerate or accept any type of chargeback or threat of chargeback from the User’s credit card company. In the event that a chargeback is placed on a purchase, or we receive a chargeback threat after the User purchases, we reserve the right to report the incident to all three credit reporting agencies and any other entities for inclusion in chargeback databases. The User’s account will be reported as delinquent, which can have a negative impact on his/her credit score. The information provided will include User’s name, email address, order date, order amount, billing address. In order to be removed from the chargeback database, User shall make a payment in the amount of the purchase price plus a $35 service fee.

Website Terms & Conditions

User’s Acknowledgment and Acceptance of Website Terms & Conditions. Among the Paid Products that are available to User in exchange for the fee mentioned in Paragraph 3, above, are access to the non-public portions of MMAD’s website (hereinafter, the “Site”) and the closed Facebook group (hereinafter, the “Group”). If User chooses to take advantage of these particular Paid Products, User agrees to and abide by the Terms & Conditions set forth in this Part II of the Agreement (hereinafter, the “Terms & Conditions”). BY ACCESSING THE SITE AND/OR THE GROUP, USER AGREES TO BE BOUND BY the Terms & Conditions set forth in this Part II of the Agreement.
Changes to Website Terms & Conditions. MMAD reserves the right to change the Terms & Conditions from time to time without notice to users. You acknowledge and agree that it is your responsibility as a user of this website to review the Site and the Group and the Terms & Conditions periodically and to be aware of any modifications. Your continued use of the Site and/or the Group after such modifications will constitute your acknowledgment of the modified Terms & Conditions and your agreement to abide by and be bound by the modified Terms & Conditions.
Right to Modify or Discontinue. MMAD reserves the sole right to either modify or discontinue the Site and/or the Group, including any features therein, at any time with or without notice to User. MMAD shall not be liable to User or any third party should it exercise such right.
User understands and agrees that the Paid Products available on the Site and/or Group are provided “AS IS” and that MMAD assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. THE SITE AND/OR GROUP COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. MMAD MAY MAKE CHANGES TO THE SERVICES AND MATERIALS AT THIS SITE AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THE SITE AND/OR GROUP MAY BE OUT OF DATE, AND MMAD MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE AND/OR GROUP IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. CONTENT AVAILABLE THROUGH THE GROUP MAY REPRESENT THE OPINIONS AND JUDGMENTS OF A USER, OR OTHER PERSON OR ENTITY NOT CONNECTED WITH MMAD. MMAD DOES NOT ENDORSE, NOR IS MMAD RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE ON OR THROUGH THE GROUP OTHER THAN AN AUTHORIZED MMAD SPOKESPERSON SPEAKING IN HIS/HER OFFICIAL CAPACITY.
MMAD takes the privacy of its users’ information very seriously and will use the information given only in accordance with this Agreement. As a result, MMAD will not sell, rent, or share personally identifiable information or a list of MMAD customers to third parties. However, as described in more detail below, there are limited circumstances in which some of a user’s information will be shared with third parties, under strict limitations. Users are given an option to Not Sell My Information with a link located in the footer of the website.
Log Files. Like most standard website servers, MMAD uses log files. This includes, but may not be limited to, Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. User consents to MMAD’s use of such log files.
As set forth above in Paragraph 3 of this Agreement, User must register with MMAD) in order to become a licensed User of the modules. Registration entails providing MMAD with User’s contact information (such as name, e-mail, and address). This contact information is used to prepare for such events and to communicate with and provide services to the User. Financial information (such as credit card information) is securely collected and used by MMAD vendor, PayPal. MMAD does not retain credit card information provided by the user for online registrations and/or purchases.
Customer Service. MMAD communicates with users on a regular basis to provide requested services. In regards to issues relating to their account, MMAD personnel reply via e-mail or messenger accounts in accordance with the user’s wishes.
User Tracking. MMAD does not track Users’ viewing preferences.
Newsletters, Special Offers, and Updates. MMAD may periodically send newsletters, special offers, updates, solicitations and/or information on products or services to Users. Out of respect for the privacy of MMAD’s Users, MMAD presents the option to not receive these types of communications from MMAD. Please see the Choice and Opt-Out section in Paragraph 21, below, for further details.
Choice/Opt-Out. Users who no longer want to receive newsletters, MMAD may periodically send newsletters to Users special offers, updates, solicitations and/or information on products or services from MMAD may opt out by clicking the “Unsubscribe” link in e-mails from MMAD.
Third-Party Sites and Information. MMAD does not permit third-party advertising on the Site. However, the Site and/or Group may contain links to other sites on the Internet or otherwise include reference to Information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under MMAD’s control, and User acknowledges that MMAD is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is MMAD responsible for errors or omissions in any references to other parties or their products and services. The appearance and/or inclusion of such a link or reference does not imply endorsement of, or association with, the site or party by MMAD, or any warranty of any kind, either express or implied.
Non-Disparagement. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither User nor any of User’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, MMAD or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
The Site takes commercially reasonably precautions to protect users’ information. However, the transmission of data over the Internet cannot be guaranteed to be completely secure. Please note that through MMAD’s relationship with PayPal, sensitive financial information (e.g., credit card numbers and expiration dates) related to online registrations and purchases is not transmitted to MMAD and is not held in MMAD’s records. Additionally, all of the Users’ Information is restricted within MMAD. Only authorized MMAD employees and/or contractors are granted access to personally identifiable information. If users have any questions about the security on MMAD’s website, users can send an email posing such questions to sam@retailmarketingacademy.com.
Copyright Policy. MMAD respects others’ intellectual property rights and we ask that users do too. MMAD will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported pursuant to MMAD’s Copyright Policy which is set forth below in Part III of this Agreement. MMAD reserves the right to delete or disable content alleged to be infringing and to terminate repeat infringers.
Notification of Changes. Changes to MMAD’s privacy policy will be posted to the Website Terms & Conditions and Privacy Policy, the home page, and other places MMAD personnel deem appropriate so users can be made aware of what information MMAD collects, how it is used, and under what circumstances, if any, MMAD discloses or shares the information.
Conduct on Site and Group. User’s use of the Site and Group is subject to all applicable laws and regulations and User is solely responsible for the contents of User’s communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available through the Site and/or Group, User agrees not to upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data or other information – that:
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or otherwise violates MMAD’s rules and policies;
1. contains profanity, or obscene or otherwise objectionable content;
2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. Impersonates any person or entity, including any of MMAD’s employees or representatives.

MMAD neither endorses nor assumes any liability for the contents of any material uploaded or submitted by users of the Site and/or Group. MMAD generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Site and/or Group. However, MMAD and MMAD’s agents have the right, at MMAD’s sole discretion, to remove any content that, in MMAD’s judgment, does not comply with the Terms & Conditions and any other rules of user conduct for the Site and/or Group, or is otherwise harmful, objectionable, or inaccurate. MMAD is not responsible for any failure or delay in removing such content.

Upon a request by MMAD, User agrees to defend, indemnify, and hold harmless MMAD and its affiliates from all liabilities, claims, and expenses, including attorney’s fees, which arise from User’s misuse of the Site and/or Group.
Security and Password. User is solely responsible for maintaining the confidentiality of User’s password and account and for any and all statements made and acts or omissions that occur through the use of User’s password and account. User may not transfer or share User’s account with anyone, and MMAD reserves the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
International Use. Although the Site and/or Group may be accessible worldwide, MMAD makes no representation that materials on the Site and/or Group are appropriate or available for use in locations outside of the United States, and accessing them from territories where their contents are illegal is prohibited. Users who choose to access the Site and/or Group from other locations do so on their own initiative and are responsible for compliance with local laws.
Termination of Use. User agrees that MMAD may, in its sole discretion, terminate or suspend User’s access to all or part of the Site and/or Group upon a violation of any part of this Agreement. Upon termination or suspension, User’s right to use the services available on the Site and/or Group immediately ceases, and you acknowledge and agree that MMAD may immediately deactivate or delete your account and all related Information and files in your account and/or bar any further access to such files or the Site and/or Group. MMAD shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by MMAD due to User’s violation of any part of this Agreement.
Governing Law and Forum Selection. The Site and Group are controlled by MMAD in its office within the Commonwealth of Kentucky in the United States of America, but the Site and Group can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Kentucky, by accessing the Site and/or Group, User agrees that the statutes and laws of the Commonwealth of Kentucky, without regard to conflicts of laws principles, will apply to all matters relating to the use of the Site and/or Group, the purchase of products and services available through this site, and any agreements entered into between MMAD and the User.
Users may not assign their rights and obligations under the Terms & Conditions to any party, and any attempt to do so will be null and void. If any part of the Terms & Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.