The Identite Collective, LLC
Last Revised on August 11, 2020
Services this ToU Covers
IDCO is a design studio that caters to the interior design and lifestyle brand industries. IDCO provides bespoke brand design services, website template packages, and “IDCO Studio Sessions” which are educational courses. On the www.idco.studio website you will find our website template packages which include access to an interactive tutorial library, video tutorials, a copywriting guide, a Google and Pinterest optimization guide, three weeks live tech support from the IDCO team and access to a private Facebook community group (collectively the “Package Bonus Materials”), and our educational course packages which include access to a private Facebook group where discussions and questions about the specific course can take place, as well as downloadable checklists and guides relevant to the particular course (collectively the “Package Bonus Materials”). For more information about our bespoke branding and marketing services, you should visit www.theidentite.co as this ToU only applies to our website templates and educational courses, as well as any accompanaying Package Bonus Materials as identified above, and as offered on the www.idco.studio website.
Services This ToU Doesn’t Cover
We love supporting our partners and to show our appreciation we occasionally link to their websites and services. When you click on one of these links, you are leaving IDCO, and this ToU no longer applies. The way our partners or other third-parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service that we link to. It is also important to note that all of our IDCO Studio Sessions are hosted on the Kajabi platform. When purchasing IDCO Studio Sessions, you will be subject to Kajabi’s service polices which can be accessed here: https://kajabi.com/policies.
Acceptance of ToU
Changes to Terms
From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. If we make a change to any terms that we believe in our discretion materially affects the way our services apply to you, we will notify you in advance. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our services after a change has occurred, you agree to be bound by our updated ToU.
Conditions Before You Access Our Services
While we love children, our services are not targeted or intended to be used by people under the age of 13 and all children between the ages of 13 and 16 must have permission from their parent or guardian before accessing our online services. Additionally, to purchase any of our template packages or IDCO Studio Sessions you must be over the age of 18 and must be authorized to use our services and enter into this ToU if you are acting on behalf of a company.
Suspension and Termination of Your Accounts
IDCO will make best efforts to notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior that we believe is in violation. However, we reserve the right to suspend or terminate your IDCO account, prevent access to our IDCO Studio Session, and/or remove you from the Facebook community group without warning.
You are free to voluntarily delete your accounts at any time. Your IDCO account may be termianted by requesting for IDCO to terminate your account manually, your Kajabi account will need to be termianted through Kajabi, and you are also free to leave the Facebook community group at any time. Deleting your account may mean that you may no longer have access to your user portal, IDCO Studio Sessions or Package Bonus Materials. IDCO cannot guarantee that all information that you have previously provided to IDCO will be deleted along with your account. We will be sad to see you leave!
IDCO grants to each template package or IDCO Studio Session purchaser a single-use license. This license applies to all templates and IDCO Studio Sessions purchased on the www.idco.studio website, or through Kajabi, as well as any Package Bonus Materials that are included in the package. This license means exactly as it sounds… you only get to use the template for one website, and the IDCO Studio Sessions and Package Bonus Materials are only intended to be used by one person (the purchaser). If you wish to use the template, IDCO Studio Sessions or Package Bonus Materials for additional purposes, you will have to purchase an additional package from IDCO or contact us directly to discuss direct licensing options. This license is non-exclusive, meaning that other people will be able to purchase our template packages and IDCO Studio Sessions. However, we only offer our templates on a limited release basis. We will only sell each template to a maximum of 10 purchasers, allowing you to have a beautifully designed website at an affordable price, that is not just one in a sea of many. To be clear, you also cannot resell, lease, duplicate, license, sub-license, redistribute, share, or offer for free any template, IDCO Studio Session or any Package Bonus Materials to any third party or marketplace.
Pricing and Billing
You can find the cost of our template packages and IDCO Studio Sessions clearly marked on the template or course that you are looking at in our online shop. There may be times when we need to make changes to our pricing, as such prices advertised are not guaranteed until a purchase has been made. The full template package price and IDCO Studio Session price is due upon purchase, and we do not offer any payment plans. Currently, we are using the PCI compliant system Stripe to process credit card transactions for templates and all IDCO Studio Session purchases are made directly through Kajabi; this means we never personally see your credit card information.
Once a purchase has been made, and the template package has been delivered to you or you have been provided access to the IDCO Studio Session, you will not be able to cancel your purchase, and no refunds under any circumstances will be issued by IDCO.
Facebook Group User Guidelines
As part of your purchase of our template packages and IDCO Studio Sessions, you will be invited to join a private Facebook community group that will include IDCO staff and other template or IDCO Studio Session users. The purpose of this group is to answer questions you may have about our templates and courses and to facilitate a community of like-minded creatives!
To make sure that the Facebook group is enjoyable for everyone, we have established some ground rules to follow. IDCO will not be liable for any content posted in the Facebook group, but we may as an administrator delete posts or remove users that in our discretion, we find inappropriate (remember, the internet is public and forever).
SPECIFIC TERMS AND CONDITIONS FOR USE OF WEBSITE TEMPLATES
Wix Hosting & Accounts
All of our templates are built exclusively for the Wix hosting platform. This means that to use our templates, you will need to have a Wix account, have a subscription to one of their hosting plans and have a domain name (if you need help transferring an existing domain name to the Wix platform, let us know!). Wix hosting plans and domains are not included in our template packages, and you may have to pay extra fees for these services. We highly recommend having your Wix account, hosting and domain name purchased before buying one of our template packages so that everything is ready for transfer.
We cannot give any assurance that any particular template will be available or remain available for purchase. As mentioned, we only release 10 of each template, and all sales are on a first-come-first-served basis. You know what they say, the early bird catches the worm!
Getting Access to Your Template & Package Bonus Materials
Upon purchasing one of our template packages, you will be required to email your Wix account email address to our support team at [email protected] so that we can transfer the template to you and give you access to the Package Bonus Materials. This transfer is not immediate, and it may take up to 24 hours for this transfer to occur. We appreciate your patience! If you wish for this transfer to be delayed until a particular date, please let us know via email so that we can plan accordingly. IDCO will automatically remain as an admin of your Wix account during the three-week tech support period. After that, IDCO will no longer have access to your Wix account.
Imagery, Graphics, and Fonts Used in Our Templates
As beautiful as the photographs that are shown in our demo templates are, they are not included as part of our template sale. These photos have been kindly shared with us by Lindsey Brooke Design and Amy Bartlem, and may not be used without their permission. Any other imagery, graphics, and fonts provided as part of our templates are only allowed to be used as part of the specific website you are building using our template.
Customization and Modifications
You are free to customize and modify our templates to fit your business vision. In fact, we encourage you to go ahead and make it your own! However, customizations and modifications made to a template will not render the template a separate creation that you are then free to distribute to third parties. Our single-use license will apply to all resulting works that are created based on our templates.
Need a little extra help with getting content onto your website? Our templates do not automatically come with any custom copywriting services; however, IDCO offers custom copywriting packages at flat fee prices. These packages can be added to your shopping cart at the same time you purchase your template, or you can contact us to add this package on after your purchase.
Help! I Need Tech Support
As part of your template purchase, IDCO includes three weeks of technical support from our dedicated support staff. This three-week period begins from the day that your template is transferred to you. Support will be available via email and chat Monday through Friday from 6 am – 10 pm CST, with all responses made by IDCO within 24 hours. The tech support will be able to help you troubleshoot, but will not transfer content, upload images, or make any changes to the design of the template for you. Upon your three-week tech support period concluding, you will still have access to our Package Bonus Materials which provide numerous tips for using your template and to Wix’s tech support staff as part of your Wix hosting account.
At IDCO, we are extremely proud of all the hard work and dedication that has gone into creating our templates. It is important to us that consumers associate the IDCO brand with the templates we have created. As such, all IDCO templates include a credit that identifies IDCO as the creator of the template and links to our website. We would greatly appreciate if this credit remains on the template while you are using it.
Use of Websites for Promotional Purposes
We love showing others how our templates can be used and just how customizable they are! When you purchase and use one of our templates, we will automatically assume that you are A-OKAY with us promoting your website on our website and social media platforms. Of course, we will always credit your business and provide a link so that others can go and check out the awesome services you are offering. If you do not want us to promote your website, let us know, and we will use all reasonable and feasible measures to remove the promotion.
SPECIFIC TERMS AND CONDITIONS FOR USE OF IDCO STUDIO SESSIONS
Nature of IDCO Studio Sessions
IDCO’s Studio Sessions are educational courses comprised of pre-recorded non-downloadable videos and downloadable materials that are intended to help you develop successful marketing practices for your business. There are homework tasks that we encourage you to take along the way; however, such tasks are not reviewed or graded by IDCO or required to be completed before accessing other parts of the courses or additional courses. Although the IDCO Studio Sessions are accessed through the www.idcostudio.com website, all content is hosted on the platform Kajabi.
In order to access IDCO Studio Sessions, Package Bonus Materials, and IDCO Studio Session Facebook Group you will be required to set up an account and make payment through Kajabi. Upon receipt of payment, you will be granted access to the course through the Kajabi platform. IDCO does not have access to your account details or payment information and we highly recommend that you review Kajabi’s service policies before purchasing an IDCO Studio Session.
We cannot guarantee that all IDCO Studio Sessions will be available at all times and reserve the right to remove courses, change course content, and cap the amount of users permitted to access a course at any time without notice.
Educational Opinion Only
We make no guarantees regarding the success of the techniques, tips and advice given as part of the IDCO Studio Sessions, and such information is provided on an educational opinion basis only. We are only providing general information and it is possible that such information may not be suited to your particular business. It is recommended that you address additional specific concerns with IDCO by purchasing tailored marketing services or by reaching out to another professional for one-on-one services.
Help! I Need Tech Support
While we will make efforts to address technology issues associated with our IDCO Studio Sessions, all questions and support requests will need to be resolved through the Kajabi platform and we cannot guarantee that technology issues will be resolved effectively or efficiently.
BEWARE THIS IS WHERE SOME OF THE MORE COMPLICATED AND NECESSARY LEGAL EXPLANATIONS BEGIN. PLEASE READ CAREFULLY!
While IDCO does not have any individual ownership over additional content that you add to our templates. We do retain ownership of all intellectual property in the templates, the IDCO Studio Sessions, Package Bonus Materials, and the IDCO brand itself, including copyrights, trademarks, service marks, and patents. By granting you access to our templates, IDCO Studio Sessions and Package Bonus Materials, IDCO does not grant or transfer to you any other rights, title or interest, other than a single limited license in accordance with this ToU. You also do not have permission to remove or alter any intellectual property notices or IDCO branding that may be contained in our templates, IDCO Studio Session or Package Bonus Materials.
IDCO respect’s the intellectual property rights of others. It is our policy to respond to and investigate any claim that content used in connection with our services infringe on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our services infringes on another copyrighted work, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. In accordance with 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:
Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.
Representations and Warranties
IDCO’S SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” IDCO MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR SERVICES. HOWEVER, IDCO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. IDCO DOES NOT WARRANT THAT USE OF IDCO SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. IDCO IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE. IDCO DOES NOT GUARANTEE ANY LEVEL OF SUCCESS, ANY VOLUME OF USER INTERACTION OR THAT ANY AMOUNT OF WEB TRAFFIC WILL BE ACHIEVED BY YOUR USE OF OUR SERVICES.
By using IDCO’s services, you represent and warrant that:
Limitation of Liability
IN NO EVENT WILL IDCO BE LIABLE FOR ANY CONTENT THAT YOU ADD TO OUR TEMPLATE OR THAT YOU CUSTOMIZE FOR YOUR OWN PURPOSES, THIS INCLUDES ANY CLAIMS ARISING AS A RESULT OF OBSCENE, NEGATIVE OR DEFAMATORY CONTENT, YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL OR YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS. IDCO WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF IDCO UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO IDCO FOR OUR SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, IDCO’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND IDCO.
You agree to indemnify and hold IDCO harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs), resulting from:
Privacy, Cookies and Data Protection
IDCO’s services are controlled, operated and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE APPROPRIATE, LEGAL OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access IDCO outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our services, in whole or in part, to any geographic location or jurisdiction we choose.
THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND THE TERMINATION OF YOUR IDCO ACCOUNT.
At IDCO, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about the services that IDCO has provided, please reach out to IDCO to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.
The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise. If an arbitrator determines a claim against IDCO to be frivolous or an opinion is found in our favor by the arbitrators, you agree to reimburse IDCO for all reasonable fees associated with the arbitration, including attorneys’ fees and arbitration costs.
You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against IDCO will be initiated only in your individual capacity. Any relief awarded by an arbitrator or otherwise will not affect other users of IDCO’s services.
You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of IDCO. IDCO reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the IDCO business or assets. However, we will do our best let you know if there has been a substantial change in the ownership of IDCO.
Survival of Terms Beyond Termination
All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user’s account, will survive such termination, including but not limited to, payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses.
Waiver and Severability
No waiver by IDCO of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same, or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.
Applicable Law and Jurisdiction
The Identite Collective, LLC
7509 Menchaca Road, Suite 104
Austin TX 78745