Questions, Answers & Tailored Support
solutions that go above and beyond for nonprofits
WHAT IS THE COST INVOLVED?
Can we try showit for free?
Are the templates easy to edit?
Can we embed external plugins?
ARE DONATION FORMS INCLUDED?
CAN WE CONNECT OUR DOMAIN?
CAN WE TRANSFER FROM WORDPRESS?
WILL THE WEBSITE BE RESPONSIVE?
WHAT ABOUT SEO INTEGRATION?
CAN WE HIRE YOUR DESIGN TEAM?
WHAT IF WE HAVE MORE QUESTIONS?
→ why do you recommend showit?
Showit is not only easier to use, but more engaging. Scrolling through a Showit site alone is reason to use the platform, but the back-end your team will use is even more reason — with code-free changes, simple content swaps and built-in fundraising tools. We can’t get enough.
Questions, Answers & Tailored Support
solutions that go above and beyond for nonprofits
Can we try showit for free?
Are the templates easy to edit?
CAN WE EMBED EXTERNAL PLUGINS?
ARE DONATION FORMS INCLUDED?
CAN WE CONNECT OUR DOMAIN?
CAN WE TRANSFER FROM WORDPRESS?
WILL THE WEBSITE BE RESPONSIVE?
WHAT ABOUT SEO INTEGRATION?
CAN WE HIRE YOUR DESIGN TEAM?
WHAT IF WE HAVE MORE QUESTIONS?
→ what is the cost involved?
Purchase one of our templates with a one-time fee. After purchase, the only remaining costs will be through Showit, your new website host. Their plans start at just $19/month to keep your website published, secure and ready for any future campaigns for your organization.
why do you recommend showit?
Questions, Answers & Tailored Support
solutions that go above and beyond for nonprofits
Are the templates easy to edit?
CAN WE EMBED EXTERNAL PLUGINS?
ARE DONATION FORMS INCLUDED?
CAN WE CONNECT OUR DOMAIN?
CAN WE TRANSFER FROM WORDPRESS?
WILL THE WEBSITE BE RESPONSIVE?
WHAT ABOUT SEO INTEGRATION?
CAN WE HIRE YOUR DESIGN TEAM?
WHAT IF WE HAVE MORE QUESTIONS?
→ can we try showit for free?
Showit lets you test their platform free for up to 14 days to get a feel for their setup. In addition, you can use our referral link to get a free month of Showit hosting on us! We've also designed a free nonprofit landing page template you can download for free to test it out!
why do you recommend showit?
what is the cost involved?
Questions, Answers & Tailored Support
solutions that go above and beyond for nonprofits
CAN WE EMBED EXTERNAL PLUGINS?
ARE DONATION FORMS INCLUDED?
CAN WE CONNECT OUR DOMAIN?
CAN WE TRANSFER FROM WORDPRESS?
WILL THE WEBSITE BE RESPONSIVE?
WHAT ABOUT SEO integration?
CAN WE HIRE YOUR DESIGN TEAM?
WHAT IF WE HAVE MORE QUESTIONS?
→ ARE THE TEMPLATES EASY TO edit?
Yes! That’s why we love this platform, especially for busy nonprofits and enterprises who don’t have the time or costs for custom website design. Simply log in, replace your text, swap out photos, change brand colors and make any update you need without any experience needed.
why do you recommend showit?
what is the cost involved?
can we try showit for free?
Questions, Answers & Tailored Support
solutions that go above and beyond for nonprofits
ARE DONATION FORMS INCLUDED?
CAN WE CONNECT OUR DOMAIN?
CAN WE TRANSFER FROM WORDPRESS?
WILL THE WEBSITE BE RESPONSIVE?
WHAT ABOUT SEO integration?
CAN WE HIRE YOUR DESIGN TEAM?
WHAT IF WE HAVE MORE QUESTIONS?
→ CAN WE EMBED EXTERNAL PLUGINS?
Absolutely! Our templates are built so that it’s fast and easy to install or embed any third party platform you’re already using. You can embed any third-party plugin through Showit’s HTML embed feature and customize CSS, as well as Javascript in the Showit platform.
why do you recommend showit?
what is the cost involved?
can we try showit for free?
are the templates easy to edit?
Questions, Answers & Tailored Support
solutions that go above and beyond for nonprofits
CAN WE CONNECT OUR DOMAIN?
CAN WE TRANSFER FROM WORDPRESS?
WILL THE WEBSITE BE RESPONSIVE?
WHAT ABOUT SEO integration?
CAN WE HIRE YOUR DESIGN TEAM?
WHAT IF WE HAVE MORE QUESTIONS?
→ ARE DONATION FORMS INCLUDED?
The forms in our templates are an example of a third party integration (not native to Showit). We use Raisely, our top recommendation for fundraising. Swap out that section for any form of your choice, or sign up for free with Raisely to design forms that match your branding.
why do you recommend showit?
what is the cost involved?
can we try showit for free?
are the templates easy to edit?
can we embed external plugins?
Questions, Answers & Tailored Support
solutions that go above and beyond for nonprofits
CAN WE TRANSFER FROM WORDPRESS?
WILL THE WEBSITE BE RESPONSIVE?
WHAT ABOUT SEO integration?
CAN WE HIRE YOUR DESIGN TEAM?
WHAT IF WE HAVE MORE QUESTIONS?
→ CAN WE CONNECT OUR DOMAIN?
Yes, and we encourage you to do so! Connecting your domain name only takes a few steps to link your custom URL to your Showit account before launch. To learn more about how to get started, you can contact the Showit support center or view their help article here.
why do you recommend showit?
what is the cost involved?
can we try showit for free?
are the templates easy to edit?
can we embed external plugins?
are donation forms included?
Questions, Answers & Tailored Support
solutions that go above and beyond for nonprofits
WILL THE WEBSITE BE RESPONSIVE?
WHAT ABOUT SEO integration?
CAN WE HIRE YOUR DESIGN TEAM?
WHAT IF WE HAVE MORE QUESTIONS?
→ CAN WE TRANSFER FROM WORDPRESS?
The incredible thing is… Showit connects with Wordpress! You will still be able to edit your blog posts, plugins, etc. on your same Wordpress backend, while switching your visual designer to Showit, allowing for more freedom. You can read the article here to learn more.
why do you recommend showit?
what is the cost involved?
can we try showit for free?
are the templates easy to edit?
can we embed external plugins?
are donation forms included?
can we connect our domain?
Questions, Answers & Tailored Support
solutions that go above and beyond for nonprofits
WHAT ABOUT SEO integration?
CAN WE HIRE YOUR DESIGN TEAM?
WHAT IF WE HAVE MORE QUESTIONS?
→ will the website be responsive?
In our world, it’s a deal breaker without prioritizing responsiveness, as the majority of the world now accesses websites from their phones. Additionally, every template is built to be accessible to any and all users and are designed following Web Content Accessibility Guidelines (WCAG).
why do you recommend showit?
what is the cost involved?
can we try showit for free?
are the templates easy to edit?
can we embed external plugins?
are donation forms included?
can we connect our domain?
CAN WE TRANSFER FROM WORDPRESS?
Questions, Answers & Tailored Support
solutions that go above and beyond for nonprofits
CAN WE HIRE YOUR DESIGN TEAM?
WHAT IF WE HAVE MORE QUESTIONS?
→ WHAT ABOUT SEO INTEGRATION?
We make it possible for your brand to benefit from higher search engine rankings through our built-in text tags, image alt text, load speeds, and navigation to make SEO a key part of your outreach. To get started with SEO options in Showit, you can visit their help article here.
why do you recommend showit?
what is the cost involved?
can we try showit for free?
are the templates easy to edit?
can we embed external plugins?
are donation forms included?
can we connect our domain?
CAN WE TRANSFER FROM WORDPRESS?
will the website be responsive?
Questions, Answers & Tailored Support
solutions that go above and beyond for nonprofits
WHAT IF WE HAVE MORE QUESTIONS?
→ CAN WE HIRE YOUR DESIGN TEAM?
Yes! We offer in-house website design — just reach out and we would be happy to customize your website template or develop a custom website, connect your custom domain and launch your new website live! Inquire with us by emailing lauren@studiohumankind.com.
why do you recommend showit?
what is the cost involved?
can we try showit for free?
are the templates easy to edit?
can we embed external plugins?
are donation forms included?
can we connect our domain?
CAN WE TRANSFER FROM WORDPRESS?
will the website be responsive?
what about seo integration?
Questions, Answers & Tailored Support
solutions that go above and beyond for nonprofits
→ what if we have more questions?
Having trouble accessing your template or have questions regarding Showit setup? First, start by visiting our Humankind support center. If you’re still having issues after that, feel free to reach out to us at lauren@studiohumankind.com.
why do you recommend showit?
what is the cost involved?
can we try showit for free?
are the templates easy to edit?
can we embed external plugins?
are donation forms included?
can we connect our domain?
CAN WE TRANSFER FROM WORDPRESS?
will the website be responsive?
what about seo integration?
can we hire your design team?
Terms & Conditions
GENERAL PROVISIONS
This website is owned and operated by Studio Humankind, LLC, a Kansas company. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
TERMS OF SITE & COURSE ACCESS AND PRODUCT PURCHASER AGREEMENT
All programs, products, and services provided by Studio Humankind, LLC (“Company” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at lauren@studiohumankind.com and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).
YOUR PRODUCT OR COURSE USE AND CONSENT
When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Studio Humankind, LLC, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
You may NOT use Our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from Our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.
SECURITY AND ASSUMPTION OF RISK
SECURITY
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal, or Shopify. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
CONFIDENTIALITY
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
YOUR COMMUNICATIONS
Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by the United States of America law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
DISCLAIMERS
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at lauren@studiohumankind.com.
EARNINGS DISCLAIMER
You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).
GENERAL DISCLAIMER
To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.
THIRD PARTY DISCLAIMER
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.
WARRANTIES DISCLAIMER
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
TECHNOLOGY DISCLAIMER
We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider, such as Teachable.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
INDEMNIFICATION
You agree at all times to indemnify and hold harmless Our Company, as well as any of Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs , and expenses, including legal fees and expenses, arising out of or related to Our Offering(s) .
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products, or materials that You request or receive through or in relation to Our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of Your access of Our Offering(s) and related material(s).
AFFILIATES
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
TERMINATION
If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
ENTIRE AGREEMENT
Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.
LAW AND JURISDICTION
These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with United States of America law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Kansas, United States of America
CONSENT
By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy.
If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email at lauren@studiohumankind.com.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.
SEVERABILITY
If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
ENTIRE AGREEMENT
The information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.
LAW AND JURISDICTION
These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Kansas, United States of America
CONTACT INFORMATION
Email: lauren@studiohumankind.com
Privacy Policy
Please review this policy carefully.
The following describes how Studio Humankind (“Humankind,” “we” “us” or “our”) uses and disseminates information you provide through www.studiohumankind.com and its sub-domains and affiliated sites, as well as Studio Humankind pages and accounts on Facebook®, Google Plus®, Instagram® (the “Sites"). Please also review our full Terms and Conditions of Use, which also govern your use of the Sites. By using this Site, you are consenting to this Privacy Policy.
Collection of your personal information.
Unless we expressly note otherwise, we do not collect personally-identifiable information from users of our Sites. When you visit our Sites, some information about your computer hardware and software is inherently automatically collected, such as your IP address, domain name, browser type, access time and referring website addresses. We typically do not use this information for any purpose, but an example of when we may use this information is in implementing improvements and analyzing the Sites and for troubleshooting purposes. We also utilize this information to monitor and improve services and to ensure that your use of the Sites is in compliance with our Terms of Use. Most of our services do not require any form of registration, allowing you to visit the Sites without telling us who you are. However, some services, such as email opt-ins may require you to provide us with Personal Data. In such a case, you may choose to use the site without any Personal Data requested by us, but it may not be possible for you to gain access to certain parts of the site or content. We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
International privacy laws and your rights under the GDPR
If you are visiting the Site from outside the United States, please be aware that you are sending information to the United States where our servers are located. Information you submit may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United States) may not necessarily have data protection laws as comprehensive protective as your country of residence; however, my collection, storage, and use of your data will at all times continue to be governed by this Privacy Policy.
If you are a member of the European Union (EU), you have special rights under the GDPR. Those include: You have the right to object to the processing of your data and the right to portability of your data. All complaints must be sent to our support email address. You also have the right to erasure, rectification, access, or to seek restrictions to the processing of your personal data in our system. To the extent you provide consent to our processing of your personal data, you have the right to withdraw that consent at any time. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with a supervisory authority containing jurisdiction over GDPR related issues.
Cookies: What they are, and why they are needed
A cookie is a data text file sent from a website to your browser, for the purpose of identifying the user and allows access to portions of the website, thus alleviating the need to continually log in with your username and password. Cookies may be stored within your system. To the extent we use cookies, we can only access information from a cookie sent by one of the Sites, not other websites. We may use cookies to personalize your visit to our Sites, because tracking usage allows me to best determine the needs of our customers and advertisers.
Our policy with minors.
Our Sites are not intended for individuals under the age of 18. If you are under 18, you may only use the Sites under the supervision of a parent or guardian. We do not collect or maintain information from anyone known to be under the age of 18, and no part of this website is designed to attract anyone under the age of 18. We do not sell products or services intended for purchase by children. If we discover or are otherwise notified that we have received any such information from a child in violation of this policy, we will delete that information.
Data retention.
We only retain Personal Data collected from Users for as long as the User’s account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements for a period of 7 years.
Use of your personal information.
If you do choose to provide your personal information, we will not willingly share your information with companies outside my organization, except as described in this Privacy Policy. You may at times receive communications from us related to products and services that we believe might interest you. While we believe these services may enhance your time spent at the Sites, you will at all times have the option and ability to opt out from receiving these communications by specifically choosing to do so via a link which will be provided within emails that we send to you. We may disclose total aggregated user statistics in order to describe our services to potential advertisers, other third parties, affiliate companies, and for other lawful purposes.
The information we gather from you may be used in several ways, either now or in the future, to gain a better understanding of our Sites’ users and their usage pattern as a whole, for site administration and troubleshooting, to process transactions, contest entries and other matters you initiate, to identify preferences in content and advertising, to target editorial, advertising or other content (such as promotions, special offers or other content) we think might be of interest to you. We may also use information we gather from you to communicate changes and improvements to our website or any registration you have made.
You have the right to request access to the information we have for you. You can do this by contacting us at our support email address. We will make sure to provide you with a copy of the data we process about you In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending your copy electronically, unless the request specifies a different method. If you believe that the information we have about it is incorrect, or if you wish to remove your private information (such as an email address provided in an opt-in), you may contact us at our support email address. Any data that is no longer needed for the purposes specified herein will be deleted.
We do not give away, sell, rent or lease any users’ personally identifiable information to any merchant, advertiser or web publisher. However, non-personally identifiable user information (such as usage pattern, browser type and your computer) may be shared with third party businesses or advertisers with which we have a business or contractual relationship. We reserve the right to disclose personal information when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, to identify persons violating the law, in connection with the sale of part or all of Studio Humankind’s or its affiliates assets, or to enforce our Terms of Use. Please keep in mind that if you disclose personally identifiable information in a public manner through the Sites, this information may be collected and used by others accessing those portions of the Sites. We do not monitor information you disclose on the Sites nor do I accept any liability associated with your voluntary disclosure of the same. You are responsible for reviewing the privacy statements and policies of other websites you choose to link to or from the Sites, so that you may understand how those sites collect, use and store your information. I am not responsible for the privacy statements, policies or content of any other websites. Websites containing co-branding (referencing our name and a third party’s name) contain content delivered by the third party and not us.
Limitations.
By using the Sites you agree that we not responsible for: (i) any disclosure of your personal information made by you to a third party through your use of the Sites; (ii) any disclosure of your personal information obtained illegally from me; or (iii) any accidental disclosure of your personal information made by me.
Policy changes.
We may modify this Privacy Policy from time to time. Any modifications will be effective immediately when we post them. We will take steps to notify users of any modifications, however, you are responsible for reviewing any modified terms. When we update my Policy, we will note the date of revisions at the top of the Policy. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the Privacy Policy is included so that you can compare any different versions of the Privacy Policy to determine any changes made to the Privacy Policy.
Your comments and concerns.
This website is operated by Studio Humankind, LLC. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: lauren@studiohumankind.com.
Accessibility Statement
Studio Humankind strives to ensure that its services are accessible to people with disabilities. Studio Humankind has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that website accessibility efforts assist all users and that every person has the right to live with dignity, equality, comfort and independence.
Accessibility on studiohumankind.com makes available the UserWay’s Web Accessibility Widget is powered by a dedicated accessibility server. The software allows studiohumankind.com to improve its compliance with the Web Content Accessibility Guidelines (WCAG 2.1).
Enabling the Accessibility Menu: The studiohumankind.com accessibility menu can be enabled by clicking the accessibility menu icon that appears on the corner of the page. After triggering the accessibility menu, please wait a moment for the accessibility menu to load in its entirety.
Disclaimer: Studio Humankind continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities.
In an ongoing effort to continually improve and remediate accessibility issues, we also regularly scan studiohumankind.com with UserWay’s Accessibility Scanner to identify and fix every possible accessibility barrier on our site. Despite our efforts to make all pages and content on studiohumankind.com fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.
Here For You: If you are experiencing difficulty with any content on studiohumankind.com or require assistance with any part of our site, please contact us during normal business hours as detailed below and we will be happy to assist.
Contact Us: If you wish to report an accessibility issue, have any questions or need assistance, please contact Studio Humankind Customer Support at lauren@studiohumankind.com.
Product License
Version 1.0
Last Modified: January 12, 2024
Introduction
Your purchase of one or more Product from us is subject to this license. If you do not agree to the terms of this license, then you should not purchase our Products. When we reference “purchasing a Product” (or similar phrase) in this license, that phrase includes purchasing Products and also downloading (or otherwise accessing) free Products. Accordingly, this license will apply to any Product which you access for free with our permission.
All references to “us” and similar words such as “we” and “our” mean Studio Humankind, LLC. All references to “you” and similar words such as “your” mean the individual purchasing a Product (except that if you purchase a Product on behalf of a business entity, then it means both you and that business).
IMPORTANT NOTE: This license requires users to use arbitration on an individual basis to resolve disputes rather than using jury trials or class actions. This license contains exclusions, disclaimers, and limitations of liability. Please read these this license carefully.
User Accounts
We may allow you to create an account to purchase Products. If you create an account, then we may request information about you as described in the account setup process. We may use that information to process your transactions and to communicate with you (unless you opt out). Both you and we may terminate your account any time, but this license will continue to apply to any purchases you made before the termination. You must keep your account credentials private and may not allow other people to use your account. You are responsible for everything that happens through your account.
Purchasing Products
What is a “Product”
For clarity, “Product” means all free and paid digital goods which you may purchase from us through this website or any related website or platform which references this license, including all website templates and similar files.
Purchasing Products
We may offer our Products on this website, and also on or through other websites or platforms. The purchase process for our Products may differ depending on which Product you are purchasing and from which location you are purchasing the Product. In some cases, you will receive a code to access the purchased Product, while in other cases we will send you an email with a link or code to access the purchased Product. We may change our delivery methods at any time.
To purchase a Product, you will be required to provide payment information to us or the other platform. By providing that payment information, you are authorizing us and those platforms to charge your payment information for the Products you purchase. If your purchase contemplates multiple payments (either installments, or subscription payments), then we or the platform will use your payment information to make those charges as well (and if you terminate your account before making all such payments, we may charge your payment information for the full amount due upon such termination). You must ensure that your payment information remains valid so that we can make all charges included in multiple payment plans. If your payment information is declined for any reason, then we may terminate your rights to use the Products.
Except as provided in this license, all fees must be paid in advance, are non-cancelable, and non-refundable. All fees are exclusive of taxes and similar government assessments of every nature and form, all of which must be paid by you.
(We may also offer free, promotional Products, in our sole discretion. We may withdraw your right to use any one or more of such promotional Products at any time, for any reason, with or without notice to you.)
License to Use the Products
General
If you purchase a Product from us, then we automatically grant you a limited license to use the Product in accordance with this license.
What You Can Do
The license we grant you to use the Product includes only the limited rights contemplated in this license.
You can:
Save, duplicate, and modify, your copy of the Product for your own use.
For Products which are clearly intended to be displayed publicly (for example, a website template), you can display the same publicly, including any modifications you make to the same.
Exercise these rights anywhere in the world, an unlimited number of times, with or without attribution to us.
Multiple Users (Sublicense Rights)
If you purchase a Product on behalf of yourself (either as an individual or business), then that one individual/business may exercise the rights granted in this license. However, only one license is created per purchase. Accordingly, you will need to purchase the Product twice if both the individual and business both want to use the Product.
If you purchase a Product, then you may sublicense your rights to one client or customer to exercise the rights associated with that Product. However, if you desire to sublicense your rights to two or more clients or customers, then you will need to purchase the Product for each such client or customer.
What You Cannot Do
The license we grant to you to use the Product is limited.
Except as expressly provided in this license, or as expressly consented to by us, you cannot do any of the following:
Share the Product with a third party.
Make the Product publicly available to one or more third parties (for example, don’t make it available for download online).
Sell the Product, assign your license, or sublicense your rights in this license, to any third party.
Create any derivate work using all or any portion of the Product which is then shared, sold, or licensed, to third parties.
Take any action to indicate that you own the copyright to the Product.
Use the Product in any way which is libelous, slanderous, or otherwise defamatory, illegal, obscene, or indecent.
Use the Product in any manner not permitted in this license.
Payments for Sharing Paid Products
If you share a paid Product with a third party in a manner not permitted in this license, and that third party uses that Product or exercises any of the rights in this license without purchasing the same, then we may invoice you for such use at the then current purchase price and you shall pay the purchase price for that third party user.
Termination for Breach
If you breach any provision in this license, then we may terminate the license granted to you and we will not have any obligation to refund your purchase price. Upon such termination, you shall immediately cease all future uses of the Product and all rights granted to you in this license will automatically be revoked.
We Own the Products
Your purchase of a Product does not constitute any assignment or transfer of ownership of the Product (or underlying intellectual property to the same). For clarity, as between you and us, we own and will continue to own all Products and all underlying intellectual property, including copyright to the same.
However, please note that some aspects of the Product may be owned by someone else. For example, Wordpress owns the Wordpress platform, even if we build a Wordpress template. As another example, we may include stock photos in the Products. We generally try to use open-source stock photos which are free to use. However, we do not guarantee that you will have the right to use all stock photos or other stock assets included in the Products.
DISCLAIMERS & LIMITATIONS OF LIABILITY
***THIS SECTION IS IMPORTANT. YOU SHOULD READ IT.***
All references to “us” (and similar words such as “we” and “our”) in this section mean us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates.
Except as expressly provided in this license, the following provisions will apply to all Products you purchase.
All Products are offered on an “AS IS” and “AS AVAILABLE” basis without any representations or warranties of any kind.
Without limitation, we do not represent or warrant that (a) the information in the Products is free from error; (b) the functionality of the Products will be uninterrupted, secure, or free of errors; (c) defects in the Products will be corrected; or (d) that the Products or the equipment the Products use are free of viruses.
We do not represent or warrant that the Products comply with all laws or regulations (for example, accessibility laws or regulations).
To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied, and statutory), including the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement; and also all liability for identity theft and other misuse of your identity or content.
We disclaim all liability with respect to any modifications you make to the Products.
We will not be liable to you or any third party for any indirect, special, incidental, consequential, cover, or punitive damages (including lost profits or revenues, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection to the Products.
All limitations of liability in this license will apply regardless of whether you or the third party bases your/its claim on contract, tort, strict liability, or any other legal theory, and whether we knew or should have known about the possibility of such damages.
All limitations of liability in this license will apply to the fullest extent permitted by law.
Subject to the limitations of liability in this license, our liability to you or any third party will not exceed the amount you paid for the Products, or if the claim does not relate to a purchase, then $100.
Any cause of action or claim which you may have which arises out of or in connection to the Products must be brought (if at all) within one year after the cause of action or claim accrued. Otherwise, such cause of action or claim will be permanently barred.
All the foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.
Some jurisdictions do not allow certain disclaimers, limitations of liability, and exclusions. To the extent such jurisdictions’ laws are applicable to your use of the Products, such disclaimers, limitations of liability, and exclusions, will be limited to the extent permitted by the applicable law.
Indemnification
You shall indemnify us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates (the “Protected Parties”) against all reasonable expenses including attorneys’ fees, costs, and damages of every kind (the “Losses”) arising out of any suit, claim, investigation, or proceeding, which is threatened or brought against a Protected Party, related to your (a) use of any one or more Product (b) breach of this license, (c) submission of content that violates third party rights or applicable laws, or (d) violation of applicable law. We may, at your expense, assume the exclusive control and defense of any such matter. You shall cooperate, at your expense, with our control and defense of any such matter. You shall not settle any such matter without our prior written consent.
Arbitration
If a dispute arises between you and any Protected Party (defined above) related to our Products, this license, or any policies referenced in this license, then the dispute will be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent on file with the Kansas Secretary of State. The arbitration proceedings will be held in Johnson County, Kansas, USA, or virtually if both you and we agree to virtual arbitration.
If this agreement to arbitrate is found not to apply to your claim, then both you and we agree that any judicial proceedings will be brought in accordance with the legal provisions below.
Notwithstanding the agreement to arbitrate above, we may assert a claim seeking injunctive or other equitable relief from any court as necessary to stop unauthorized use or abuse of our Products or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.
CLASS ACTIONS ARE PROHIBITED: All claims, including all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.
Legal Provisions
Governing Law & Jurisdiction
Your purchase and use of our Products, this license, and all policies referenced in this license, will be governed by and construed in accordance with the laws of Kansas excluding its conflict of law principles. With respect to any dispute arising out of or related to any of the foregoing, both you and we consent to jurisdiction in, and the exclusive venue of, the state courts in Johnson County, Kansas, USA, or when applicable in the U.S. District Court having jurisdiction over that county
.
Waiver of Jury Trial
You and we each waive trial by jury in all actions, proceedings, or counterclaims brought by either party against the other on any matter arising out of or in any way connected to this license and all policies referenced in this license.
Miscellaneous
Entire Agreement
This license contains the entire agreement between you and us related to your purchase and use of our Products. This license supersedes all prior discussions and agreements (whether oral or written) by you and us related to your purchase and use of our Products.
Waiver
Any failure or delay by us to exercise any right or remedy in this license will not operate as a waiver of the same. Any waiver by us of a breach by you of any provision in this license will not operate as a waiver of any subsequent breach. Any waiver by us will not be effective unless and until it is in written form and signed by us.
Severability
Each provision in this license will be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision will be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision will be deemed removed from this license, but the remaining provisions will remain in full force.
Assignment
You may not assign your rights or obligations in this license or any policies referenced in this license except as provided in this license or with our prior written consent. Any attempted assignment by you will be null and void. We may assign our rights and obligations in this license at any time, for any reason, with or without notice to you.
Power to Amend this License
The provisions in this license will apply to Products you purchase. If we amend this license in the future (which we may do in our sole discretion), then the amended version will apply to Products you purchase in the future.
Contact
Unless otherwise required by these this license or by law, you may contact us at lauren@studiohumankind.com.
Refund Policy
These Terms of Use (the “Terms”) govern your use of and access to www.studiohumankind.com and its sub-domains and affiliated sites, as well as Studio Humankind (“Studio Humankind” “Humankind”, “us” or “we”) pages and accounts on Instagram®, Facebook®, Twitter®, and Pinterest® (the “Sites). Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. We may modify these Terms from time to time, and any modifications will be effective immediately when we post them. All changes we make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
Return Policy / Refunds.
Due to the digital nature of products, our site designs are not returnable, and we are not able to offer refunds. Now, should you determine there’s some sort of incompatibility issue with the platform or you need to switch to a different site design, send us an email at lauren@studiohumankind.com, and we’ll evaluate your request on a case-by-case basis. Got any questions before you purchase? Hit us up in the chat or shoot us an email. We’re always happy to help!
Site Content.
Studio Humankind exclusively owns and controls the Sites, which provides information about my products and services and may, from time to time, provide access to educational materials pertaining to a variety of branding and graphic design topics. You agree that, use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $50 per incident for any unauthorized use of our content, at the sole discretion of Studio Humankind.
Intellectual property.
Unless explicitly stated otherwise, as between you and Studio Humankind, Studio Humankind owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. Our name, Studio Humankind and all related names, product and service names, logos, slogans and designs are our trademarks and you may not use these marks without my prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission.
Third party rights.
Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Studio Humankind either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. We respect the intellectual property of others and ask that you to do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.
If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact us via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.
Linking to our sites.
Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with Studio Humankind; (ii) present false or misleading information about Studio Humankind; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.
Advertisements and links.
We may at times include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not my own. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that we link on the Sites will be clearly marked; however, we encourage you to reach out to us with any questions you may have regarding affiliate links.
You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by Studio Humankind of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Studio Humankind shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.
Disclaimer and limitation of liability.
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TONIC SITE SHOP, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.
Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the this language may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.
Choice of law and venue.
These Terms are governed by the laws of the State of Kansas without regard to any conflict of laws principle. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Topeka, Kansas.
Your comments and concerns.
This website is operated by Studio Humankind. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: lauren@studiohumankind.com Thank you for visiting the Sites!
Affiliate Terms & Conditions
NOTICE: The purpose of this Agreement is a collaborative effort between the Parties to promote the sale of Studio Humankind’s product(s) or service(s).
RELATIONSHIP OF THE PARTIES
Ownership of Property: All contracts, photographs, copyrights, trademarks, designs, intellectual property, website(s), graphics, images, legal documents, financial accounts, insurance, software accounts and other related business documents, including content created only for the purpose of fulfilling this Agreement remains the property of the contributing party. The non-contributing party hereby receives a non-exclusive, revocable license to any listed property only for the purpose of fulfilling the terms of this Agreement, unless otherwise declared to and agreed in writing by both Parties to this Agreement.
PARTIES' RESPONSIBILITIES
Responsibilities: The parties are responsible for executing the following tasks on-time and in cooperation with the other Party.
Studio Humankind’s Responsibilities:
Studio Humankind will provide Affiliate with affiliate link(s), commission(s) and collateral materials for the promotion of Studio Humankind’s product(s) and/or service(s).
Studio Humankind will provide Affiliate with a reasonable amount of material to create promotional content and/or materials for Affiliate’s audience.
Studio Humankind will provide Affiliate with compensation at a rate of 15%, less any chargebacks, refunds, discounts or credit card fees per sale.
* For example, 15% of our average sale of $850, will result in a commission of $125 (minus any credit card processing fees).
All commissions will be payable after 7 days, with all payments made in bulk on the 1st of every month.
Studio Humankind reserves the right to invoice Affiliate in the event of a refund or successful chargeback attempt.
Studio Humankind will make reasonable efforts to cooperate with Affiliate in the event of a payment discrepancy or error in accounting.
Affiliate’s Responsibilities (“Affiliate Services”):
Affiliate will make reasonable efforts to sell Studio Humankind’s product(s) and/or service(s) with the affiliate link(s) provided by Studio Humankind.
Affiliate recognizes and understands that if one of its sales is refunded or results in a successful chargeback, Affiliate will forfeit its commission to Studio Humankind.
Affiliate is responsible for monitoring any and all commission account(s) for any discrepancies it feels has occurred and reporting any such discrepancy in a timely manner to Studio Humankind.
Affiliate will provide any documents or forms necessary for tax filing purposes in a reasonable amount of time.
Costs: The Parties shall be responsible for bearing the expenses arising out of or related to their duties for the Affiliate Program purpose unless otherwise specified in this Agreement.
Independent Contractor Relationship: By signing this Agreement, the Affiliate becomes an independent contractor of Studio Humankind. Affiliate and any related sub-contractors are not employees, partners or members of Studio Humankind. Affiliate has the sole right to control and direct the means, manner and method by which the Affiliate Services in this Agreement are performed. Affiliate has the right to hire assistants, subcontractors or employees to provide Studio Humankind with its Affiliate Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes (including FICA), registrations or permits. Studio Humankind is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to Affiliate.
INDEMNIFICATION AND LIMIT OF LIABILITY
Maximum Damages: Parties agree that the maximum amount of damages they are entitled to in any claim arising out of or relating to this Agreement or services provided in this Agreement are not to exceed Party’s total cost spent or earned on producing content or work products for the Affiliate Program.
Indemnification: Parties agree to indemnify and hold harmless the other Party and its employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Affiliate Program.
Assumption of Risk: Parties and related parties/ participants expressly assume the risk of participating in the Affiliate Program as described in this Agreement. Parties understand that some or all parts of any Affiliate Program purpose could involve unknown risks or variables, and Parties and any related persons Parties are respectively responsible for and assume the risk of conducting themselves properly given the circumstances.
PHOTO RELEASE
Publication of Images: Either Party may publish or submit for publication any photograph it owns that is produced in the course of fulfilling this Agreement for any reasonable and related purpose of Parties’ Affiliate Program, such as, but not limited to publication in: Parties’ own blogs, third party blogs, magazines, publications, advertisements or other legitimate places that advance the purpose stated in this Agreement.
Notification of Use: No Party is obligated to notify other Party of its publication or other use of any image or images it owns.
Photo Release: Parties release their image and likeness for use in the Affiliate Program or to promote the purpose of this Agreement.
CANCELLATION
Cancellation: If either Party desires to cancel their role in the Affiliate Program at any time, they must provide at least 30 days written notice (“Notice”) to the other Party at info@northfolk.co. The date and time at which either Party sends Notice that they desire to cancel this Agreement is known as the Cancellation Date.
Winding Down: Both Parties agree to cooperatively and respectfully transfer or sell (as appropriate) any materials, assets or other property produced in the course of fulfilling the Affiliate Program upon Notice of either Party’s desire to cancel their role in this Agreement.
Full Force and Effect: All provisions, including the Confidentiality provisions, remain in full force and effect for a period of one year after the Cancellation Date.
Cancellation Due to Impossibility: Any Party may choose to be excused of any further performance obligations in the Affiliate Program if a disastrous occurrence outside the control of either Party occurs, such as natural disaster (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation); war, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not); or any hazardous situation created outside the control of either Party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
CONFIDENTIALITY
Confidentiality: The Parties may, at times, disclose certain information as a result of their participation in the Affiliate Program. The Parties shall collectively and individually keep all trade secrets, discussions and other privileged information within the course of maintaining and promoting anything of or related to the purpose of the Affiliate Program, their individual businesses, or this Agreement confidential. Information is privileged when it would otherwise materially harm either of the Parties in their individual businesses, or describe information that is not public nor ever intended to be public.
Public or Prior Knowledge: Confidential information does not include any previously known information prior to entering this Agreement, any information publicly disclosed (other than by disclosing Party or related parties), or any information that is required to be disclosed by law, order of a court or other judicial or administrative body.
Breach of Confidentiality: If a breach of confidentiality occurs accidentally or willfully, the non-breaching party is entitled to any actual damages and/or an injunction as a result of the breach.
GENERAL PROVISIONS
Governing Law: The laws of Kansas govern all matters arising under or relating to this Agreement.
Notice: Parties shall provide effective notice (“Notice”) to each other, including any payments or invoices, via either of the following methods of delivery at the date and time which the Notice is sent:
Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable.
Merger: This Agreement constitutes the final, exclusive agreement between the Parties on the matters contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendments: The Parties may amend this Agreement only with both Parties’ written agreement through proper Notice to both Parties.
Assignment: Either Party may assign this Agreement to any successor or affiliate upon giving Notice to the other Party and receiving approval from the other Party that the assignment is approved.
Titles: The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.
Dispute Resolution: Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.
If you have further questions, please feel free to email us anytime at lauren@studiohumankind.com or fill out the contact form on our contact page. We will get back with you as soon as we are able, generally between 2-3 business days.