Thank you for purchasing a membership into Lyda’s Designer Collective (“an online subscription service for semi-exclusive digital illustrations hand-painted and digitized by Lydia Ryals of LydMothersYoung Watercolorist LLC.”). All sales are final for this subscription. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in full or partial) for the product for which these terms appear (“membership and/or subscription”), you (“Customer”) agree to be provided with products, programs, or services by Lydia Ryals ("Owner") in their capacity as owner of LydMothersYoung Watercolorist, LLC (“Company”). You are executing a legally binding agreement with the Company, subject to the following terms and conditions:

I. INTRODUCTION

The LydMothersYoung Watercolorist, LLC provides stationery and needle pointing design business owners with semi-exclusive hand-painted illustrations and materials through its subscription service, Lydia’s Designer Collective. The LydMothersYoung Watercolorist LLC has created the Product to provide business owners with exclusive clipart content to use in digital and paper stationery and digital or physical needle pointing goods. The membership provides customers with monthly watercolor content and resources to utilize in their stationery or needle pointing design businesses.

II. TERM & TERMINATION

This Term of this Agreement shall be a recurring payment chosen by the customer from the following plan options: one (1) month renewal from the date of initial purchase, three (3) month renewal from the date of initial purchase, six (6) month renewal from the date of initial purchase, or twelve (12) month renewal from the date of initial purchase with the exception of Sections 6 through 11, which shall survive the Term of this Agreement.

Termination - Customer dissatisfaction with the LydMothersYoung Watercolorist LLC subjective artistic style, independent judgment, methods, or other techniques are not valid reasons for termination of this agreement or request of any monies returned to Customer. Even if Customer does not utilize all pieces of clipart provided, Customer is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing these Terms and Conditions. From the time of the file download for the customer’s design use, LydMothersYoung Watercolorist, LLC is no longer liable for the use of the artwork. Any sales and printing conducted by the customer are at their discretion. LydMothersYoung Watercolorist, LLC is not responsible for any digital and/or printing mishaps involving the artwork.

III. DISCLAIMERS

The LydMothersYoung Watercolorist LLC is not an employee, manager, lawyer, public relations manager, social media manager, business operations manager, financial analyst, business executive, or other agent of the Customer’s business.**

Customer understands that the Program is created to help Customer acquire unique watercolor clipart and assist Customer with providing their clientele with unique products by paying for semi-exclusive artwork. The Membership may offer guidance and content regarding business decisions or design techniques, but it is the responsibility of the Customer to make the final decision and choose the best option for themselves.

Customer understands that the Membership has been designed by the LydMothersYoung Watercolorist LLC to equip the Customer with watercolor clipart only, with the goal of helping Customer acquire unique watercolor clipart and assisting Customer with providing their clientele with unique products without paying for solely-exclusive artwork. Through the Membership, the LydMothersYoung Watercolorist LLC might provide guidance regarding business decisions and design, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for themselves. By using the LydMothersYoung Watercolorist, LLC services and purchasing this membership/products, Customer accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Customer agrees that LydMothersYoung Watercolorist, LLC will not be held liable for any damages of any kind resulting or arising from the use or misuse of the membership or any of the artwork obtained. Customer agrees that the use of this Membership and the digital products acquired from it is at the user's own risk.

Customer hereby acknowledges that watercolor clipart and illustration packages are subjective services and Company’s methods to provide this service may change in terms of style and/or technique. The LydMothersYoung Watercolorist, LLC may use its personal judgment to provide the Program services to Customer, even if these methods do not follow strict adherence to Customer’s suggestions.

This Product does not include: 1) individualized art and content; 2) procuring business or potential Customers for Customer; 3) performing any business management services for Customer, such as accounting, operations, research, or development; 4) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 5) publicity, public relations and/or social media marketing services; 6) legal or financial advice; 7) introduction to the LydMothersYoung Watercolorist, LLC’s professional network and business relationships; 8) Policing and addressing other member’s use of the content included with the subscription.

Customer hereby acknowledges that Customer is solely responsible for the amount and type of income that Customer generates by implementing techniques and artwork provided by the Program. Customer also acknowledges that the LydMothersYoung Watercolorist, LLC cannot and does not guarantee that implementation of the membership’s products will provide Customer with a lucrative business. Customer also agrees that he/she is solely responsible for any decision Customer makes and indemnifies the LydMothersYoung Watercolorist, LLC from any liability regarding said decision.

VI. PROGRAM SPECIFICS

The membership guarantees monthly content releases of a minimum of (4) four designed and digitized watercolor clipart illustration packages. These packages are hand-painted and digitized by LydMothersYoung Watercolorist, LLC artist, and are never outsourced from other artists and/or businesses. The Membership guarantees indefinite small business “firm revenue (ranging from $5,000 and $500,00 in annual revenue) and by employment (from 100 to over 1,500 employees),” commercial use in printed stationery goods, stationery design services, digital stationery design services, and printed or digital needle pointing and embroidery file design services of the digital watercolor illustration clipart acquired during the duration of the Customer’s membership. The LydMothersYoung Watercolorist, LLC also agrees to provide additional feedback in the form of a private Wix APP group and Instagram account created exclusively for Lydia’s Designers Collective Customers.

The LydMothersYoung Watercolorist, LLC reserves the right to substitute services equal to or comparable to the value of Membership if reasonably required by the prevailing circumstances as determined exclusively by the LydMothersYoung Watercolorist, LLC.

This service may be distributed by the LydMothersYoung Watercolorist, LLC either directly or through a third-party platform. The LydMothersYoung Watercolorist, LLC reserves the right to substitute services equal to or comparable to the value of Membership and/or Products if reasonably required by the prevailing circumstances as determined by the LydMothersYoung Watercolorist, LLC. LydMothersYoung Watercolorist, LLC reserves the rights to art and content created and distributed in the membership to resale as the LydMothersYoung Watercolorist, LLC sees fit. Access to this Service is currently through a third-party platform, Wix.com, LLC. (“WIX”). The LydMothersYoung Watercolorist, LLC is not liable for any limitation of access to the Product caused by Wix.

V. CLIENT’S RESPONSIBILITIES

This Service has been developed for resale purposes only. The LydMothersYoung Watercolorist, LLC has established its proprietary Service in order to equip Customer to provide stationery and needle pointing or embroidery design products unique to the membership’s content. However, Customer hereby acknowledges that the LydMothersYoung Watercolorist, LLC does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the digital watercolor clipart illustrations. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Service. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply using the illustrations provided in the membership.

Nevertheless, Customer acknowledges that he/she can optimize her potential results from the Service by adhering to the following:

Downloading and utilizing the content provided within the Membership
Taking 100% responsibility for Customer’s results, 100% of the time.

VI.PAYMENT & FEES

(a) Upon execution of this Agreement, Customer agrees to pay to the LydMothersYoung Watercolorist, LLC the full recurring purchase amount for the Service, determined by the payment plan chosen by the customer: one (1) month renewal from the date of initial purchase, three (3) month renewal from the date of initial purchase, six (6) month renewal from the date of initial purchase, or twelve (12) month renewal from the date of initial purchase.

(b) If Customer selects a payment plan option, Customer agrees to pay all fees pursuant to the payment schedule outlined at checkout and selected by Customer. All payments must be paid before the Customer may gain access to the Membership or else LydMothersYoung Watercolorist, LLC reserves the right to send Customer to collections for any outstanding monies due and owed under this Agreement.

(c) Customer authorizes LydMothersYoung Watercolorist, LLC to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Customer selected at checkout, and Customer does not require separate authorization for each payment.

(d) If any payments fail, Customer agrees to remedy the situation immediately (ie. update Customer’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days), or else Customer forfeits his/her right to access the Subscription and all of its content.

(e) The Customer shall not threaten or make any chargebacks to the LydMothersYoung Watercolorist, LLC's account or cancel the credit card that is provided as security without the LydMothersYoung Watercolorist, LLC’s prior written consent. LydMothersYoung Watercolorist, LLC reserves the right to collect any and all monies owed by Customer to LydMothersYoung Watercolorist, LLC for the Program, by any means necessary within the parameters of the law. The Customer shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, LydMothersYoung Watercolorist, LLC reserves the right to report the incident to credit reporting agencies as a delinquent account.

(f) Late Fees - LydMothersYoung Watercolorist, LLC understands that, from time to time, there are issues with payment. All payments must be received by LydMothersYoung Watercolorist, LLC within five (5) days of the due date for that installment. Any payments not received within five (5) days of their due date shall result in the Customer’s breach of these terms and may result in the removal of access to the Membership. Customer shall still remain responsible for making all payments due and owing under this Agreement to LydMothersYoung Watercolorist, LLC in the event Customer’s access to the Program is revoked.

VII. REFUND POLICY

All sales are final for this Product. Due to the inherent nature of this subscription service and the illustration files and the electronic transmission of the same, there are no refunds.

VIII. NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT

Confidential Information & Non-Disclosure - LydMothersYoung Watercolorist, LLC takes pride in its proprietary products and the information included in each illustration. As such, Customer agrees and acknowledges all Confidential Information shared through this Service and by the Owner is confidential, proprietary, and belongs exclusively to the LydMothersYoung Watercolorist, LLC.

“Confidential Information” includes, but is not limited to:

All watercolor illustration clipart provided to the customer during the duration of Customer’s membership
Any systems, sequences, processes, or steps shared with Customer;
Any information disclosed in association with this Agreement;
Any systems, sequences, processes, or trade secrets in connection with the Service or LydMothersYoung Watercolorist, LLC s business practices.

Testimonials - LydMothersYoung Watercolorist, LLC also agrees to protect Customer’s personally identifiable information. However, from time to time, LydMothersYoung Watercolorist, LLC may use general statements about Customer’s success for testimonials as part of LydMothersYoung Watercolorist, LLC’s marketing strategy. By agreeing to these Terms, Customer agrees to LydMothersYoung Watercolorist, LLC sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of LydMothersYoung Watercolorist, LLC.

Non-Disparagement - Customer agrees, during and/or after use of Service, to refrain from making any statements, whether oral or in writing, that negatively impact LydMothersYoung Watercolorist, LLC ’s program, business, services, products, or reputation.

IX. INTELLECTUAL PROPERTY & COMMERCIAL LICENSING AGREEMENT

Intellectual Property - This Service and the related content shall be considered intellectual property owned by LydMothersYoung Watercolorist, LLC. Other examples of intellectual property owned by LydMothersYoung Watercolorist, LLC and within LydMothersYoung Watercolorist, LLC’s products include but are not limited to watercolor clipart, trademarks, service marks, layout, logos, business names, membership names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). LydMothersYoung reserves the right to utilize illustrations in non-competitive markets such as textiles, home goods, and any non-stationary products or goods.

Limited License - LydMothersYoung Watercolorist, LLC grants unlimited small business commercial use of the clipart acquired during the duration of the Customer’s Membership. All members will have exclusivity of the packages acquired during their membership for one and a half years. After this time, LydMothersYoung reserves the right to make packages available to new group members as additional content to the minimum promise of 4 illustration packages per month. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the LydMothersYoung Watercolorist, LLC to the Customer, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Service is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Service without prior written consent or unless provided otherwise. After two years form the date of initial release, LydMothersYoung Watercolorist LLC reserves the right to sell illustration packages at-large on all sales platforms, including: Wix.com, Etsy, and other e-commerce platforms, for any industry use, including stationery goods and services and needlepoint, embroidery design, or other related goods and services.

Customer shall not misappropriate any of LydMothersYoung Watercolorist, LLC’s Intellectual Property and proprietary information in the following manner:

Externally sharing LydMothersYoung Watercolorist, LLC’s watercolor clipart to friends/business acquaintances, partnerships, customers, or any other person beyond the individual or business securing the right to use these products through this agreement.
Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by LydMothersYoung Watercolorist, LLC and passing it off as Customer’s own;
Copying any of LydMothersYoung Watercolorist, LLC’s Service content and/or material for Customer’s commercial use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by LydMothersYoung Watercolorist, LLC in either whole or part without prior written consent.

X. INDEMNIFICATION / LIMITATION OF LIABILITY

Customer hereby acknowledges that LydMothersYoung Watercolorist, LLC is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based on Customer’s LydMothersYoung Watercolorist, LLC including but not limited to a decision to leave a job, a decision to invest in an opportunity, any of Customer’s business decisions, any of Customer’s financial decisions. Customer hereby agrees to indemnify and hold harmless LydMothersYoung Watercolorist, LLC of any claims that may arise after the use of this Service.

Access to this Service is currently through a third-party platform, wix.com. LydMothersYoung Watercolorist, LLC is not liable for any limitation of access to the Service caused by Wix.

XII. MISCELLANEOUS

A. Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed upon and executed by both parties.

B. Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

C. Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications, or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.

E. Governing Law - LydMothersYoung Watercolorist, LLC is located in the United States of America and is subject to the applicable laws governing the United States of America. The governing law for this agreement is the laws of Alabama.

F. Arbitration - Any disputes arising under this Agreement shall first be resolved through binding arbitration.

G. Maximum Damages - Customer agrees and acknowledges that the maximum amount of damages that Customer may be entitled to in any claim arising from this Agreement or Service shall not exceed the total cost of the Service.

H. Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Product checkout page and by rendering first payment.

Updated 10/28/24

Terms and Conditions

Terms and Conditions

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Terms and Conditions

Terms and Conditions