This Agreement (“Agreement”) is made effective by and between Sheisthebeauty (the “Company”), and purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing a digital product from Company’s online shop (the “Product”). Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
1. Digital Product Usage
After purchasing the digital product, Client will be given access to the product materials within [48 hours] through a download delivered to his/her email provided at checkout. Client will have access to the materials so long as the product(s) is/are available and this agreement has not been breached.
Company hereby grants to Client one (1) exclusive, non-sublicensable, non-transferable, license to use the Product. Client understands and agrees that the Product materials may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Client’s access to the Product and file copyright violation with the necessary governing bodies.
Client may use the Product solely for his/her own personal use and may modify the content as he/she sees fit. Client is not obligated to tag or give credit to Company for the copy in the Product he/she uses, posts, or shares.
2. Fees & Payment Processing
In consideration for access to the Product provided by Company, Client agrees to compensate Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.
3. Refund Policy
Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances.
4. Personal Information
By purchasing the Product, Client will be asked to provide personal information including his/her name, email address, mailing and billing address. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.
The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
The products were created by Sheisthebeauty and is copyrighted with Electronic Copyright Office. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without prior written permission of the publisher, except in the case of brief quotations ebodied in reviews and certain other non-commercial uses permitted by copyright law.
6. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
7. Venue and Jurisdiction
The laws of the State of Georgia shall govern this contract, and any resulting arbitration shall take place within Georgia. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.
8. Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Georgia unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be transferred to Client. Client shall be responsible for its own costs and Company expenses in presenting the dispute for arbitration.
This agreement cannot be transferred or assigned to any third party without written consent of both parties.
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.