TERMS OF USE

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE or PRODUCT!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Pink Sorbet Designs (defined below), which governs your use of Products (defined below) obtained by purchase through this website at www.pinksorbetdesigns.com, or any related domains or subdomains (the “Site”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Pink Sorbet Designs, doing business as Jessica Lee (“Pink Sorbet Designs”).

“Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Pink Sorbet Designs. All such Products are the intellectual property of and are owned by Jessica Lee.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Pink Sorbet Designs’ Products immediately.

Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO AND WHO WE ARE

Pink Sorbet Designs is a resource through which you may obtain design services, design resources and education related to stickers, hand drawn and computer generated graphic. Our website address is: https://pinksorbetdesigns.com.

PRIVACY POLICY

Pink Sorbet Designs permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available on this website, or by contacting Jessica Lee, which is incorporated herein by reference.

Pink Sorbet Designs will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Pink Sorbet Designs will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Pink Sorbet Designs is the sole manager of such information collected on the Site. Pink Sorbet Designs will use such information to respond to you as necessary. You grant Pink Sorbet Designs a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

STOCK PHOTOGRAPHY

Stock photography may be used on the Site – all images are being used under license through the company providing the stock images.

INTELLECTUAL PROPERTY LICENSE

Pink Sorbet Designs owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of Pink Sorbet Designs’ services, and; (d) any other intellectual property rights afforded to Pink Sorbet Designs, either through province or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Pink Sorbet Designs does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

You agree not to make unauthorized use of or otherwise infringe upon Pink Sorbet Designs’ Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. Pink Sorbet Designs will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

So long as you comply with this Terms of Use, Pink Sorbet Designs grants you a non-exclusive, non-transferable license to download, view, copy and print the PRODUCTS/SERVICES from www.pinksorbetdesigns.com  you purchase solely for your personal use with respect to your clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;

(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a province or national trademark authority, or as otherwise provided by common law;

(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products..

Please remember that it is your responsibility to download the Product immediately and securely back up all purchases. Pink Sorbet Designs is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Pink Sorbet Designs will not reimburse you for such downloads. Pink Sorbet Designs will, at your request, apply a one-time only $40 USD re-download fee if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by Pink Sorbet Designs.

CONTACT

By using the Site and entering personal information, you give Pink Sorbet Designs permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let Pink Sorbet Designs know by emailing us at jessica@pinksorbetdesigns.com and we will kindly refrain from doing so.

RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. Pink Sorbet Designs OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. Pink Sorbet Designs MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, Pink Sorbet Designs SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO PINK SORBET DESIGNS, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of Ontario, Canada. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the province and/or federal courts for Toronto, Ontario, Canada. Pink Sorbet Designs reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Pink Sorbet Designs’ Products, Materials and Services.

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PRIVACY POLICY

This privacy policy helps visitors to the Pink Sorbet Designs website understand how www.pinksorbetdesigns.com uses their personally identifiable information received when they visit this website.

This Policy is intended to notify you of the following:

1. What personally identifiable information Pink Sorbet Designs collects from you through the Site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.

GENERAL COLLECTION OF INFORMATION

You may be asked for personal information, such as name, telephone number, mailing address, and other personal details when completing forms on this website, or when purchasing products or services from Pink Sorbet Designs. I will also, from time to time, collect personal information during telephone conversations, special event promotions and contests, fill out ballots, subscribe to my mailing list or newsletters or when you provide feedback about my products or services.

HOW INFORMATION IS USED

The information collected is used for a variety of reasons, including: to administer contests and promotions, surveys and other website functions, to provide customer service and complete requests for information, to improve this website and services for a better client experience, to send emails regarding products, services or enquiries, to follow up with customer service following a phone call, email or chat, and also to provide updates and information about new products and services offered by Pink Sorbet Designs.

INTERNET TRAFFIC DATA

Internet traffic data includes but is not limited to internet service provider information, collection of IP addresses, entry and exit pages, various operating systems and other such information. We collect no personally identifying information through this process, and it is used to help analyze user traffic with respect to various services available through Pink Sorbet Designs to allow for a more customized and personally relevant user experience.

COOKIES

We use “cookies” on this Site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you do not have to log in a password more than once, thereby saving time and improving efficiency while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our Site.

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

EMBEDED CONTENT FROM OTHER WEBSITES

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

PERSONAL INFORMATION

Pink Sorbet Designs must collect some information from you (“Identifier Information”) to allow you to use and access services, products and materials. Identifier Information is only collected by your personally providing such information to Pink Sorbet Designs via e-mail, by phone, in writing or otherwise through the Pink Sorbet Designs website or other method pursuant to making a purchase or requesting service.

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

TESTIMONIALS

Pink Sorbet Designs may display personal testimonials of yours from time to time received via email or as otherwise received from you by Pink Sorbet Designs. By accepting the Terms of Use, which incorporate this Privacy Policy that you may access via this website or by request, you give Pink Sorbet Designs specific consent to use such personal testimonial. If you would like Pink Sorbet Designs to remove your testimonial or customer review at any time, please simply contact us at jessica@pinksorbetdesigns.com, and we will promptly do so.

INFORMATION COLLECTION, USE, AND SHARING

We are the sole owners of the information collected on the Site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell, rent or otherwise share this information with any other individual or business entity, except as reasonably necessary to provide products, materials, or services to you.

We will use your information to respond to you, and will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

YOUR ACCESS TO AND CONTROL OVER INFORMATION

You may opt out of any future contacts from us or request that we discontinue sending of email and other communications at any time at any time by contacting us at jessica@pinksorbetdesigns.com

SECURITY

We take precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline.

Wherever we collect sensitive information, that information is encrypted and transmitted to us by secure servers. We have included common indications of such secured features when appropriate such as a closed lock icon at the bottom of your web browser.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

REGISTRATION

In order to use these Site, a user may complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.

ORDERS

We request information from you on our order form. To buy from us, you must provide contact information (such as your name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

THIRD PARTIES

Please be aware that some of our business partners may use cookies or other methods of tracking and targeting use on our site (advertisers, for example). However, we have no access to or control over these cookies and this Privacy Policy does not extend to such third parties. Please be aware that we are not responsible for the content or privacy practices of such other Site. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects Identifier Information.

TYPES OF THIRD PARTY TRACKING

Some of the third party tracking tools this site may use are Google Analytics, Google Search Console, Google Adwords, Google Adsense, Pinterest Pixel and the Facebook Conversion Pixel. More information about these services, how they are used to obtain information, how you can control information being shared about you and the third policy policies related to them can be found at the Google Ads settings page, Google Ads information page , Google Analytics, the Pinterest Privacy Settings and the Facebook Data Policy and information page and  Mailchimp Data Tracking and Security.

HOW LONG WE RETAIN YOUR DATA

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

WHAT RIGHTS DO YOU HAVE OVER YOUR DATA

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

WHERE WE SEND YOUR DATA

Visitor comments may be checked through an automated spam detection service.

SURVEYS & CONTESTS

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore whether or not to disclose information sought by such surveys or contests. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip/postal code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

UPDATES

Our Privacy Policy may change from time to time and all updates will be posted on this page.

Any questions regarding the above Terms or Privacy Policy may be directed to:

jessica@pinksorbetdesigns.com

Pink Sorbet Designs
7864 Hwy 28,
Campbellcroft, ON.
Canada L0A 1B0

All rights reserved © Copyright 2021 Pink Sorbet Designs