Terms of Use

Terms & Conditions for Own It!:

https://www.flourishmarketing.co/own-it-terms

Terms & Conditions for Spark Marketing: https://www.flourishmarketing.co/spark-terms

Terms & Conditions for Email Marketing Master Plan:

https://www.flourishmarketing.co/emmp-terms

Flourish Marketing Terms & Conditions

Terms and Conditions

Agreement between User and www.flourishmarketing.co

Welcome to www.flourishmarketing.co. The www.flourishmarketing.co website (the "Site") is comprised of various web pages operated by Flourish Marketing. www.flourishmarketing.co is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.flourishmarketing.co constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.flourishmarketing.co is an E-Commerce Site.

Flourish Marketing provides marketing education, strategy, and tools for catering and events professionals.

Privacy

Your use of www.flourishmarketing.co is subject to Flourish Marketing's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.flourishmarketing.co or sending emails to Flourish Marketing constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Flourish Marketing is not responsible for third party access to your account that results from theft or misappropriation of your account. Flourish Marketing and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Flourish Marketing does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.flourishmarketing.co only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

www.flourishmarketing.co may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Flourish Marketing and Flourish Marketing is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Flourish Marketing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Flourish Marketing of the site or any association with its operators.

Certain services made available via www.flourishmarketing.co are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.flourishmarketing.co domain, you hereby acknowledge and consent that Flourish Marketing may share such information and data with any third party with whom Flourish Marketing has a contractual relationship to provide the requested product, service or functionality on behalf of www.flourishmarketing.co users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.flourishmarketing.co strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Flourish Marketing that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Flourish Marketing or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Flourish Marketing content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Flourish Marketing and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Flourish Marketing or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Flourish Marketing has no obligation to monitor the Communication Services. However, Flourish Marketing reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Flourish Marketing reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Flourish Marketing reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Flourish Marketing's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Flourish Marketing does not control or endorse the content, messages or information found in any Communication Service and, therefore, Flourish Marketing specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Flourish Marketing spokespersons, and their views do not necessarily reflect those of Flourish Marketing.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.flourishmarketing.co or Posted on Any Flourish Marketing Web Page

Flourish Marketing does not claim ownership of the materials you provide to www.flourishmarketing.co (including feedback and suggestions) or post, upload, input or submit to any Flourish Marketing Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Flourish Marketing, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Flourish Marketing is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Flourish Marketing's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Flourish Marketing account to third party accounts. By connecting your Flourish Marketing account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Flourish Marketing from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Flourish Marketing Content accessed through www.flourishmarketing.co in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Flourish Marketing, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Flourish Marketing reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Flourish Marketing in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Flourish Marketing agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FLOURISH MARKETING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FLOURISH MARKETING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FLOURISH MARKETING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOURISH MARKETING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLOURISH MARKETING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Flourish Marketing reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Flourish Marketing as a result of this agreement or use of the Site. Flourish Marketing's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Flourish Marketing's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Flourish Marketing with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Flourish Marketing with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Flourish Marketing with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Flourish Marketing reserves the right, in its sole discretion, to change the Terms under which www.flourishmarketing.co is offered. The most current version of the Terms will supersede all previous versions. Flourish Marketing encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Flourish Marketing welcomes your questions or comments regarding the Terms:

Flourish Marketing

1720 Scott Rd

Burbank, California 91504

Email Address:

[email protected]

Telephone number:

818.538.8978

Effective as of March 30, 2020

CONTENT END USER STANDARD LICENSE OF IMAGES & PHOTOGRAPHY PROVIDED BY

THE SOCIAL MEDIA PANTRY BY FLOURISH MARKETING

BETWEEN YOU AND FLOURISH MARKETING

The images and photos provided on the Site at www.thesocialmediapantry.com or www.flourishmarketing.co ( The “Content”) is provided to you (“you” or “Licensee”) by Flourish Marketing. (“Licensor”) subject to the terms of this agreement (“License” or “Agreement”). The Content is protected by copyright and other applicable law. Any use of the Content other than as authorized under this License or Copyright Law is prohibited.

By exercising any rights to the Content, you accept and agree to be bound by the terms of this License. The Licensor grants you the rights contained herein in consideration of your acceptance of, and agreement to abide by, the following terms and conditions.

1. Flourish Marketing grants you a personal, non-exclusive, non-transferable, license to use and display the Content in the following ways:

a. Digital advertising, marketing and design, promotional graphics and postcards, flyers, brochures and catalogues. Website design. Personal blogs or non-monetized business blogs. If you wish to sell a product, which uses or contains our Content, you must purchase an Expanded License. If you wish to use the images in any print format, you must purchase an Expanded License.

b. The Content is not available for use where the file in its current form is available for sale, or where the file is transferred to another person or company as part of any transaction. Content is strictly prohibited from being used where there is the potential for the file to be downloaded, copied in any way, or extracted, reinstated or restored by a third party.

To purchase an extended license, please contact [email protected]

Any use of the Content that is outside these specifications will be subject to infringement of copyright proceedings.

2. Not permitted License Uses:

a. You may not use the content in any design template applications intended for sale on-line, hard copy or otherwise unless you purchase an Extended License option. You may not incorporate the Content directly in any product that will be available for re-distribution or re-use of the Content (such as flash web sites, web templates etc.) or is otherwise made available in a manner such that a person can extract or rip or reproduce the content in its electronic form.

Note: There are ways of encoding or locking digital files, this does not constitute securing the file from a third party in any way or exclude you from the above.

You may not use the Content directly in its original entirety in products for sale, license or other distribution, unless you purchase an Extended License and the application is permitted under the Extended License options.

b. Only you, as the purchaser, are licensed to use the Content, although you may transfer files containing content to your clients, printers, or ISP for the purpose of reproduction for permitted uses only, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. You may make ONE copy of the content for back-up purposes.

If there is any doubt as to a permitted use, please contact [email protected]

c. The Content must not be used in any obscene, immoral, infringing, defamatory nature, be involved in any material that may bring any person or property reflected or described in the content into disrepute or cause any legal action.

d. The Content must not be used in a manner that claims authorship of the subject of any images or claims work that any of the work reflected in the images was executed by the Licensee.

e. All Content available on www.thesocialmediapantry.com or www.flourishmarketing.co MAY NOT BE sub-licensed, re-sold, rented, loaned, assigned, gifted, transferred or distribute in any vector based form.

e. The content must remain secure in your hands at all times, you must take reasonable steps to ensure the file is not exposed to any environment in which it could be transferred, copied or stolen while in your possession. It MUST NOT be made available for distribution on any peer-to-peer network at any time. The EULA Standard or Extended License does not permit the use of any part of any purchased Flourish Marketing. content on a competing website or business in any media format, or in any situation that may be regarded as a conflict of interest between Flourish Marketing. and the end user and or their use of our content.

Note: This License may be updated from time to time to include relevant new and future media usage and applications. This Agreement is prospective and supersedes any previous versions or modifications. All users will be notified of major changes via email.

Termination. This License and the rights granted hereunder will terminate automatically upon any breach by you of the terms of this License.

Revised September 11, 2020. This Agreement is revised from time to time. Please visit www.thesocialmediapantry.com to ensure that you are viewing the effective and most-current version of this Agreement.

CONTENT END USER EXTENDED LICENSE OF IMAGES & PHOTOGRAPHY PROVIDED BY

THE SOCIAL MEDIA PANTRY BY FLOURISH MARKETING

CONTENT END USER EXTENDED LICENSE

BETWEEN YOU AND FLOURISH MARKETING

The images and photos provided on the Site at www.thesocialmediapantry.com or www.flourishmarketing.co ( The “Content”) is provided to you (“you” or “Licensee”) by Flourish Marketing (“Licensor” or "Agreement") subject to the terms of this agreement (“License”). The Content is protected by copyright and other applicable law. Any use of the Content other than as authorized under this License or Copyright Law is prohibited.

1. Flourish Marketing. grants you a multi-seat, non-exclusive, non-transferable, license to use and reproduce vectors in the following ways, in addition to and including all Standard License applications.

a. You may use the Content on items (digital or hardcopy) for sale such as e-books, monetized blogs, magazines, catalogs, and editorial, books and book covers, product packaging, online courses or the like. You may use the Content in applications for sale with no limitations regarding the number of copies or print run.

b. You may use the Content in website templates, document templates, wallpapers, screensavers, e-cards or similar products for resale with no limitations regarding the number of copies.

All other restrictions from the “not permitted” section from the Standard License still apply.

c. All license agreements prohibit the resale or re distribution of any part or element of the content as a vector, or in any format that will allow a third party access to the file in digital vector format i.e EPS, Ai, Flash, SVG and the like.

For example, the content may not be resold or distributed in a Flash template unless the flash elements have been converted to a non-vector format.

2. The EULA Standard or Extended License does not permit the use of any part of any purchased Flourish Marketing Content on a competing website or business in any media format, or in any situation that may be regarded as a conflict of interest between Flourish Marketing and the end user and or their use of our Content. Content is not permitted for use on fabric prints, t-shirts, home décor, and digital reproduction in non Vector formats (jpg, gif, bmp) on websites such as Cafepress or Digital Scrapbooking kits.

3. Your Multi-seat License gives you the option to share the vector(s) with other people within your organization or company, not limited by the number of users within your organization or company. You warrant that you will do your best to prevent third parties from duplicating the content.

Note: This License may be updated from time to time to include relevant new and future media usage/applications. This Agreement is prospective and supersedes any previous versions or modifications. All users will be notified of major changes via email.

Termination. This Agreement and the rights granted hereunder will terminate automatically upon any breach by you or another person within your organization/company of the terms of this Agreement.

Revised September 11, 2020. This Agreement is revised from time to time. Please visit www.thesocialmediapantry.com to ensure that you are viewing the effective and most current version.