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Terms of Use for Digital Product Purchase
Last Modified: January 20, 2025
Use and Consent
Please read these Terms of Use for Digital Product Purchase (hereinafter “Terms of Use”)
carefully and in their entirety before purchasing a digital download or digital course (hereinafter
“Digital Product”) from Selena Marchand Makeup artistry_
These Terms of Use are entered into by and between Selena Marchand Makeup Artistry_
(hereinafter “we,” “our,” “us”) and you.
Your purchase of a Digital Product constitutes your voluntary acceptance to be bound by these
Terms of Use, whether you have read them or have had the opportunity to read them and have
chosen not to.
This website and any Digital Products offered herein are not intended for persons under the age
of 18. If you are under the age of 18, you may not purchase, use, or view our Digital Products.
Privacy Policy
We respect your privacy and permit you to control the treatment of your personal information.
Please read our Privacy Policy
Order Confirmation and Payment Details
We will email you to confirm the placement of your order and with details concerning your
Digital Product purchase.
In the event there is an error in this email confirmation, it is your responsibility to inform us as
soon as possible.
Payments
You understand and agree that you are financially responsible for all purchases made by you or a
third-party acting on your behalf.
If payment cannot be charged to your credit card or your charge is returned for any reason,
including chargeback, we reserve the right to either suspend or terminate your access to the
Digital Product, thereby terminating these Terms of Use and all of our obligations hereunder.
It is your responsibility to notify Selena Marchand if your
credit card has changed or has expired and to make appropriate changes or your access to the
Digital Product may either be suspended or terminated.
We reserve the right to refer collection of the outstanding balance to an attorney or collections
agency. If your outstanding balance is referred to an attorney or collections agency, you shall pay
all reasonable attorney’s fees or collections agency fees.
All of the personal information that you provide as part of the purchase process for any Digital
Product may be collected by both us and our third-party payment processing providers. This
includes, but is not limited to, name, email address, billing information, and credit card number.
Please read our Privacy Policy with respect to how we handle your personal information.
Our third-party payment processing providers may have privacy policies and terms and
conditions that differ from ours. We have no liability or responsibility for the independent
policies of our third-party payment processing providers. You are encouraged to read the
independent policies contained on the third-party payment processing providers’ websites.
You understand and release us from liability for any damage or loss caused by your purchase
from our website or by your dealings with our third-party payment processing providers.
Refunds
[a] Due to the extensive time and effort that goes into our Digital Products, there is a no
refund policy.
We do not tolerate or accept any type of chargeback from your credit card company.
Termination
We reserve the right to terminate your access to the Digital Products at any time for any reason,
including for your breach of these Terms of Use.
Certain features of our Digital Products may require the creation of a username and password.
You are responsible for keeping your username and password confidential. We ask that you not
share your username or password with anyone. We cannot and will not be liable for any loss or
damage arising from your failure to protect your username or password.
You agree to notify us immediately of any unauthorized use of your username or password or any
other breach of security.
Intellectual Property Protection and Personal Use
Our Digital Products as well as the materials contained therein, including, but not limited to,
videos, photos, graphics, designs, and other files, are the proprietary property of Selena
Marchand Makeup Artistry and are protected by United States
intellectual property rights.
Selena Marchand Makeup Artistry grants you a limited non-exclusive non-transferable license
to view, copy, download, use, and/or print any Digital Products you purchase from us solely for
your personal, non-commercial use The rights granted to you constitute a license and not a
transfer of title. You may not share the cost of any Digital Product or the Digital Product itself
with any third party.
You agree that you will not use the Digital Products you purchase from
Selena Marchand Makeup Artistry
competing product.
You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell,
assign, distribute, license, sublicense, reverse engineer, or create derivative works based on any
Digital Products you purchase from us, except as expressly authorized herein.
Nothing contained in the Digital Products should be understood as granting you a license to use
any of the trademarks, service marks, or logos owned by Selena Marchand Makeup Artistry by any
third party.
Any other use of any Digital Product you purchase from Selena Marchand Makeup Artistry
including, but not limited to, for any commercial use, copying, republication, distribution,
transfer, performance, display, or reproduction other than as indicated above, is strictly
prohibited.
You agree that you will not use our Digital Products in any manner that constitutes an
infringement of our intellectual property rights. Unauthorized use constitutes theft and we
reserve the right to prosecute theft to the fullest extent of the law.
You retain the right to remove your User Content at any time.
If you remove your User Content, the license granted to us expires but we retain the license to
the extent that any User Content has been incorporated into our advertising and/or marketing or
on our content sites.
intends to cooperate fully with any law enforcement officials or agencies in the investigation of
any violation of these Terms of Use or of any applicable laws.
Legal and Financial Disclaimer
You understand and agree that our Digital Products are intended to provide information and
education. You agree that the information provided is not business, financial, or legal advice.
You should consult with an attorney, accountant, and/or financial advisor in your area who
understands your particular personal, business, and financial situation so that you can take the
right steps for you and your situation.
Earnings Disclaimer
You understand and agree that our Digital Products are intended to provide information and
education to assist you in attaining your goals.
You understand and agree that your success depends entirely on your business experience,
motivation, and individual capacity. There are no guarantees of any kind as to your earnings and
income.
Medical Disclaimer
You understand and agree that our Digital Products are intended to provide information and
education and are not intended as medical, psychological, or psychiatric advice and are not
intended to provide diagnosis, treatment, prevention, cure or guarantee.
The information provided is not a substitute for professional medical, psychological, or
psychiatric advice, diagnosis, or treatment for your individual condition and circumstance. You
should consult with a licensed and/or registered health care professional about your individual
condition and circumstance. You warrant that you have submitted to a physical examination and
have a physician’s approval to participate or are participating without the approval of a physician
of your own volition and at your own risk.
You should always consult with a licensed and/or registered health care professional before
making any health or dietary changes or beginning any exercise program. If you are pregnant,
nursing, obese, diabetic, or have any other medical or mental condition, you should follow the
supervision of a licensed and/or registered health care professional.
By starting any exercise program, you assume all risks of injury, dangers, and/or hazards as a
result of doing so. You should use any equipment shown in any exercise program as
demonstrated only.
Do not stop taking any prescribed medications or disregard or delay seeking medical advice
based on any information contained in our products and/or courses.
No Warranty or Liability
The information provided in our Digital Products is believed accurate when made. However, we
do not warrant or represent that such information is or will always be current, accurate, and/or
complete. You agree that we are not responsible for the accuracy of our Digital Products or for
any errors or omissions in same.
The use of our Digital Products is done at your own discretion and risk and with your agreement
that you will be solely responsible for any damage to your computer system, loss of data, or other
harm that results from such activities. We assume no liability for any computer virus or other
similar software code that is downloaded to your computer from our Digital Products.
THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR THE WARRANTY OF NON-INFRINGEMENT.
YOU AGREE THAT IN NO EVENT, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, SHALL Selena Marchand Makeup Artistry
AND ITS SUBSIDIARIES, AFFILIATES,
AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE TO YOU
OR ANY THIRD PARTY IN ANY WAY FOR DAMAGES OF ANY KIND INCLUDING,
BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
AND/OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING
FROM THE USE OF OR INABILITY TO USE OUR DIGITAL PRODUCTS; THE
STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH OUR DIGITAL
PRODUCTS; ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; ANY
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR
RECEIVED; ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER
CONTENT; ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT
NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR
REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES; OR ANY OTHER LOSS
OR DAMAGE OF ANY KIND.
Selena Marchand Makeup Artistry ’S CUMULATIVE LIABILITY FOR ANY LOSS OR
DAMAGE TO YOU OR
We expressly exclude any liability to the fullest extent of the law.
By purchasing a Digital Product, you agree to this limitation of liability and release
Selena Marchand Makeup Artistry
Indemnification
You agree at all times to defend, hold harmless, and indemnify
Selena Marchand Makeup Artistry and its subsidiaries, affiliates, agents, officers, directors,
employees, or partners, from any claim, demand, cause of action, including attorney’s fees and
costs, arising from your use of our Digital Products, as well as any third party claims of any kind
arising from your actions in relation to our Digital Products (including any content you submit,
post to, or transmit through our website and/or the www.selenamarchand.com
Should we be required to defend ourselves in any action directly or indirectly involving you, you
agree to provide any documents, testimony, evidence, or other information we deem useful to us
free of charge.
Any reference or link to any other companies, events, services, or products in our Digital
Products does not guarantee your success and/or satisfaction with and is not an endorsement of
said companies, events, services, or products.
You understand and agree that you must use your own judgment to determine whether any other
companies, events, services, or products would be beneficial to you and/or your business.
You agree that we shall have no liability should you choose to make a purchase from any
referenced company, event, service, or product and become dissatisfied. You agree to indemnify
and hold us harmless should this occur.
We may choose to provide an affiliate link to products and/or services that we believe align with
our own Digital Products. You understand that we may receive financial compensation or other
payment as a result of your purchase of a product and/or service using the link.
You understand and agree that you must use your own judgment to determine whether to make a
purchase using an affiliate link. You agree that we shall have no liability should you choose to
make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold
us harmless should this occur.
Third Party Links
We may provide a link to a third-party website in our Digital Products. These links are provided
for your education and information only and are not an endorsement by us.
You agree that we are not responsible for the content, availability, or accuracy of other websites
that may be linked to our Digital Products. We make no warranty of any kind, whether express or
implied, regarding third-party content, availability, or accuracy.
By clicking on a link to a third-party website, you agree that you are doing so of your own
discretion, volition, and at your own risk. You agree we are not liable for any damage or loss
caused by your access to or use of information, materials, products, or services contained on
and/or purchased from any linked third-party website.
By clicking on a link to a third-party website, you may allow third-parties to collect and/or share
your personal information. The privacy policies and terms and conditions on those third-party
websites may differ from ours. You are encouraged to read the privacy policies and terms and
conditions of every linked third-party website that you visit.
Notices
a. To You: We may provide any notice to you under these Terms of Use by sending a
message to the email address you provide. It is your responsibility to keep your email
address current.
b. To Us: You may provide any notice to us under these Terms of Use by sending a
message to bookings@selenamakeup.com
Notices sent by email will be effective upon the sender’s receipt of an acknowledgment from the
intended recipient (such as by the “return receipt requested” function, as available, return email,
or other written acknowledgment); provided that if such notice is not sent during the normal
business hours of the recipient, such notice shall be deemed to have been sent at the opening of
business on the next business day for the recipient.
Amendments
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these
Terms of Use at any time and it is your responsibility to review these Terms of Use for any
changes.
Such amendments are effective immediately upon us posting the revised Terms of Use to
www.selenamarchand.com and sending a message to the email address you provide in
accordance with the procedure outlined in the Notices section herein.
No Assignment
These Terms of Use are not assignable, delegable, sublicensable, or otherwise transferable by
you. Any assignment, delegation, sublicense, or transfer by you is null and void.
Waivers
No failure to exercise and no delay in exercising any right, remedy, or power under these Terms
of Use shall operate as a waiver thereof.