Terms of Use

Last updated December 17, 2023

This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

By placing an order for products or services from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions.

You may not order or obtain products or services from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Essy & Jo Creative Studio, LLC, or (c) are prohibited from accessing or using this website or any of this website’s contents, goods or services by applicable law.

Overview 

THIS TERMS OF USE AGREEMENT (the “Agreement” or “Terms of Use”) constitutes a legally binding agreement by and between Essy & Jo Creative Studio, LLC, a limited liability company organized under the laws of the state of New York (collectively, “Shavaun Christian,” “Shavaun,” “essy & jo,” “we,” “us,” “my,” “I,” “Company,” or “our”) and the client, whether personally or on behalf of an entity (“Client,” “you,” or “your”), concerning access and use of Shavaun’s services and the purchase and sale of products and services through websites including, but not limited to: https://shavaun.com; https://creativegeniepass.com; https://overnightlaunch.com (the “Website(s)”) and any other media form, channel, domain, mobile website, or mobile application related, linked, forwarded, or otherwise connected thereto).

You should review this Agreement prior to purchasing any product or services that are available through the Website(s). You should also carefully review our Privacy Policy, which also applies to your use of the Website(s), found here, before placing an order for products or services through the Website(s).

Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. 

After that, the relationship between Client and Shavaun shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Shavaun for services rendered shall remain and continue to be an ongoing obligation owed by Client to Shavaun.

Introduction

Thank you for your interest in my work and services, including, but not limited to:

  • The Power Hour
  • The Brand Bloc
  • Creative Genie Pass (Gold)
  • Creative Genie Pass (Platinum)
  • Creative Genie Club
  • Overnight Launch
  • Coaching Sessions
  • Digital Courses 

By confirming your subscription to the Creative Genie Pass (Gold) or Creative Genie Pass (Platinum) or your outright purchase of The Power Hour or Overnight Launch or any other product or service found on the Website(s), you allow us to charge your card for the respective payment(s) and future payments per the terms outlined below. 

You also agree to our Privacy Policy.

You may cancel your subscription or session, or reschedule a session at any time according to the terms outlined in Section 10.

Section 1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Shavaun, and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Shavaun and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website(s) and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Shavaun’s express prior written permission. Shavaun reserves all rights to the Website(s), Content, and Marks.

Section 2. Ownership and Access to Materials

Except for Shavaun’s ownership of Submissions, as described in Section 6 (“Client Feedback”), and any basis of Early Cancellation, as described in Section 9 (“Returns, Refunds, and Cancellations”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects.

Client warrants that any and all materials provided to Shavaun as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to all intellectual property rights and any right of publicity. 

Shavaun always reserves the right to share the Client’s design work publicly (social media, website, etc.) unless agreed upon as stated in Section 17 of this document.

If you purchase a digital course, in most circumstances, you will be able to access the course online via your user account as soon as we accept your order. 

If there is a delay by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay but we are not liable for any such delay.  

Section 3. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by Shavaun and require a commercial license for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Shavaun will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project.

Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses.

So long as Shavaun has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

Section 4. Client Representations

By using the Website, Client represents and warrants that:

  • Client has the legal capacity and agrees to comply with these Terms of Use;
  • Client is not a minor in the jurisdiction of their domicile;
  • Client will not access the Website through automated or non-human means;
  • Client will not use the Website for any illegal or unauthorized purpose;
  • Client’s use of the Website will not violate any applicable law or regulation.

Section 5. Prohibited Activities

Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client.

The Website may not be used in connection with any commercial endeavors except those related to the work performed by Shavaun on behalf of the Client.

Further, Client agrees to refrain from the following:

  • Make any unauthorized use of the Website;
  • Retrieve data or content for the purposes of creating or compiling a database or directory;
  • Circumvent, disable, or otherwise interfere with security-related features on the Website;
  • Engage in unauthorized framing or linking of the Website;
  • Trick, defraud, or mislead Shavaun or other users;
  • Interfere with, disrupt or create an undue burden on the Website or Shavaun’s networks or servers;
  • Use the Website in an effort to compete with Shavaun;
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
  • Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;
  • Harass, annoy, intimidate, or threaten any of Shavaun’s employees, independent contractors, or agents providing services through the Website;
  • Delete the copyright or other rights notice from any Content;
  • Copy or adapt the Website’s software;
  • Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material, including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website;
  • Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;
  • Disparage, tarnish, or otherwise harm Shavaun;
  • Use the Website in a manner inconsistent with any applicable laws, statutes, or regulations.

Section 6. Account Registration and Account Use.

If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. When purchasing access to a service or offering, you agree to take all actions possible to protect your username and password from fraudulent use.

You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by the Company or a third party due to someone else using your account.

Shavaun has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the services provided. 

Section 7. Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) shall be the sole property of Shavaun, and we are under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission.

We shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Section 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to the Client.

Client agrees that it has the right to articulate and put forth the Submission, and Client hereby waives all claims and recourse against Company for its use of the Submission per the terms hereof and in its sole discretion hereafter.

Section 8. Management and Oversight

Company reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. 

We further reserve the right to restrict or deny access to the Website or disable the Client’s use of the Website.

Such decision shall be in the sole discretion of Company, without notice or liability to Client.

All decisions regarding the management of the Website shall be at the sole discretion of Company and shall be designed to protect Shavaun’s rights and property.

Section 9. Privacy Policy

By using the Website(s), Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein.

The Website is hosted in the United States of America.

Access to Website(s) from the EU, Asia, or other regions of the world may result in the applicability of laws, statutes, or regulations differing from those of the United States that govern personal data collection, use, or disclosure.

Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States.

Company does not knowingly accept or solicit information from individuals under the age of 18. 

Due to the nature of the Internet, the Company cannot prohibit minors from visiting the Website(s)s, and our Services are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Website(s). If you believe that a child has provided information to us through our Website(s), please contact us at [email protected]. We will use our best efforts to remove all of the information provided by the child from our system.

In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Company without parental consent, Company shall delete that information as soon as reasonably practical.

Section 10. Returns, Refunds, and Cancellations

Returns

Company offers digital products and services:

Digital products are ineligible for a return due to the nature of their electronic and irreversible formats. Services rendered cannot be returned once a service has already started or been completed.

Refunds & Cancellations

Unless otherwise stated herein, refund requests are assessed on a case-by-case basis. 

Company reserves the right to deny refunds based on its self-discretion and without notice or liability to Client.

If you have any questions or complaints about your purchase, please contact us at [email protected] We will endeavor to rectify any problem within our control.

10.1 Subscription Refund or Cancellation: ‘Creative Genie Pass (Gold)’ and ‘Creative Genie Pass (Platinum)’ are recurring monthly subscriptions, and will continue until the purchaser cancels. Client may cancel at any time. Upon cancellation request, the subscription will end at the end of the respective month and will not auto-renew.

Monthly subscriptions within any given month are not eligible for a refund unless both of the following are true:

Client has not submitted any creative or design request within the month, and

It is not the first month of the term.

If both statements are true, the cancellation request is likely to be granted with a full refund of the month paid.

Should Client request a refund or cancellation of a subscription-based service during the first month of the agreed-upon term (known as “Early Cancellation”), all materials produced by Company are ownership of the Company and are prohibited from being used by the Client in any way. Additionally, Client will be responsible for the costs associated with the services rendered up to the point of Early Cancellation and may be eligible for a partial refund.

10.1.1 Subscription Auto-Renewal: Subscription-based services auto-renew monthly. Client must request cancellation of subscription before its auto-renewal. If Client requests a cancellation after the auto-renewal date and has not made any creative requests, the cancellation request will be granted with a full refund for the month paid.

10.2 Coaching: Coaching services, including but not limited to ‘The Power Hour’ (each a “Session”), may be canceled or rescheduled without penalty in adherence to the following terms:

Your Session may be canceled or rescheduled at any time except 24 hours before your Session without penalty. You may reschedule a Session up to 24 hours before the scheduled Session by emailing [email protected] for assistance. 

Cancellations within 24 hours of your Session will not be eligible for a refund. 

Your Session must be rescheduled within 30 days of your originally scheduled session date.

A Session is not eligible for a refund once it has started or has been completed.

Once the Client appears for the Session, it is the Client’s responsibility to remain connected for and during the Session.

Company reserves the right to take appropriate legal actions against Client for breach of this Section.

Section 11. Prices and Payment Terms

All prices, discounts, and promotions posted on the Website(s) are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time to time promotions on the Website(s) that may affect pricing and that are governed by terms and conditions separate from this Agreement. If there is a conflict between the terms for a promotion and this Agreement, the promotion terms will govern.

The following terms may be used by us to communicate pricing information:

“Total Value” references the value of everything included in a package.

“Your Investment” references the price for a product or service.

“Limited Time Offer” or “Current Price” references our current price for a product or service.

“Coupon Code”, “Promotion” or “Referral Code” refers to a code to access a reduced price for a product or service.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept electronic payment via ACH bank transfer, wire transfer, all major credit cards or PayPal for all purchases. Any fees associated with Client’s payment method is the responsibility of the Client. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices regardless of the amount quoted on the Website(s) at the time of your order.

Section 12. Third Party Websites

Where the Website(s) contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. 

We have no control over the contents of those websites or resources.

Section 13. Modification

Company reserves the right to change, alter, modify, amend, or remove anything or any content on the Website without prior written notice at any time, in its sole discretion. Company reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client. Your continued use of the Website(s) after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

Section 14. Connection Interruptions

Company does not guarantee or warrant the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond Company’s control. 

Client agrees that Company shall not be liable to Client for any loss, damage, or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.

Section 15. Governing Law

The Website(s) are operated from the US. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

Section 16. Disclaimer

The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Company disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Company makes no warranties or representations about the accuracy or completeness of the Website or any content thereon, or content of any websites linked to the Website, and Company assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Company’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.

Section 17. Limitations of Liability and Indemnification

COMPANY AND ITS DIRECTORS, EMPLOYEES, MEMBERS, INDEPENDENT CONTRACTORS, OR AGENTS SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOST DATA, ATTORNEYS’ FEES, COURT COSTS, FINES, FORFEITURES OR OTHER DAMAGES OR LOSSES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE WEBSITE(S).

BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE.

Client agrees to defend, indemnify, and hold harmless, Company and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of this Agreement; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights.

Notwithstanding the foregoing, Company reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Company hereunder. Client agrees to cooperate with the defense of such claims.

Section 18. User Data

Client is solely responsible for all data transmitted to or related to any activity Client has undertaken using the Website. Company shall have no liability to Client for any loss or corruption of any such data, and Client hereby waives any right of action against Company from any such loss or corruption.

Section 19. Electronic communications, transactions and signatures

Client hereby consents to receive electronic communications from Company, and Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing.

Client hereby agrees to the use of electronic signatures, contracts, orders, and other records and to the electronic delivery of notices, policies, and records of transactions initiated or completed by Company or through the Website.

Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

Section 20. Showcasing Work

Company reserves the right to share design work on digital channels, including social media, website, etc., unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Company, which in turn would void the right of Company to share or discuss Client’s work publicly.

Section 21: Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Section 22: Assignment

You will not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.

We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.

Section 23. Miscellaneous

This Agreement and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Company. Failure of Company to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use. Still, it shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between Client and Company.

Section 24. Contact Information

For any questions or complaints regarding the Website, please contact Company at: [email protected]