Terms of Use for Chanel & Lee Studios

BACKGROUND: 


    These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website or which Paid Listings are sold by Us to customers through this website, www.chanelandlee.com (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them before using our site or before purchasing and submitting a Paid Listing.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site and You will be required to read and accept these Terms of Use and Terms of Sale when signing up for an Account and when purchasing a paid listing.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.  These Terms of Use do not apply to the sale of Paid Content.  Please refer to Our Terms of Sale for more information here.

  1. Definitions and Interpretation 

    1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content”means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Paid Content” means digital content made available for sale via Our Site;

“User” means a user of Our Site;

“User Content” means any content submitted to Our Site by Users including, but not limited to, reviews and comments

“We/Us/Our” means Chanel & Lee Studios, a company registered in Fort Bend County Texas

2. Information About Us

  1. Our Site, www.chanelandlee.com, is owned and operated by Chanel & Lee Studios, a limited company registered in Fort Bend County Texas

3. Access to Our Site

  1. Access to Our Site is free of charge.

  2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.

  3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Accounts

  1. Certain parts of Our Site (including the ability to purchase Paid Content from Us) may require an Account in order to access them.

  2. You may not create an Account if you are under 18 years of age.

  3. When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

  4. We recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe.  You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at [email protected].  We will not be liable for any unauthorized use of your Account.

  5. You must not use anyone else’s Account unless you are an employee of their business.

  6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 16.

  7. If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

  8. If you close your Account, any comments, surveys, notes, and reviews you have created on Our Site will be deleted.

5. Intellectual Property Rights

  1. With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labeled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable the United States and international intellectual property laws and treaties.

  2. Subject to sub-Clause[s] 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

  3. You may:

    1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

    2. Download Our Site (or any part of it) for caching;

    3. Print [one copy of any] page(s) from Our Site;

    4. Download extracts from pages on Our Site; and

    5. Save pages from Our Site for later and/or offline viewing.

  4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

  5. You may not re-use any Content printed, saved, or downloaded from Our Site for commercial purposes without first obtaining a license from Us (or Our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers.

  6. Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering, in particular, the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6. User Content

  1. User Content on Our Site includes (but is not necessarily limited to) reviews, comments, and interactions.

  2. An Account is required if you wish to submit User Content.  Please refer to Clause 4 for more information.

  3. You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 11.

  4. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

  5. You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-license your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.

  6. If you wish to remove User Content from Our Site, the User Content in question will be deleted.  Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

  7. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

  8. We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

7. Links to Our Site

  1. You may link to Our Site provided that:

    1. you do so in a fair and legal manner;

    2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

    3. you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

    4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

  2. You may link to any page of Our Site.

  3. You may not link to Our Site from any other site the main content of which contains material that:

    1. is sexually explicit;

    2. is obscene, deliberately offensive, hateful or otherwise inflammatory;

    3. promotes violence;

    4. promotes or assists in any form of unlawful activity;

    5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

    6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

    7. is calculated or is otherwise likely to deceive another person;

    8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

    9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

    10. implies any form of affiliation with Us where none exists;

    11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or

    12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

  4. The content restrictions in sub-Clause 7.2 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.2.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites that focus on or encourage the submission of such content from users.

8. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third-party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Liability and Disclaimers

  1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for information purposes only.  Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.

  2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

  3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning Paid Content for sale through Our Site.  Please refer to Our Terms of Sale for more information here.

  4. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

  5. If you are a business user, We hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content.  We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

  6. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

  7. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

  8. The limitations of liability included in this Clause 9 apply only to the use of Our Site and not to the sale of Paid Content, which is governed separately by Our Terms of Sale here.

10. Viruses, Malware and Security

  1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

  2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

  3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

  4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

  5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

  6. By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

11. Acceptable Usage Policy

  1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:

    1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

    2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

    3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

    4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

  2. When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

    1. is sexually explicit;

    2. is obscene, deliberately offensive, hateful or otherwise inflammatory;

    3. promotes violence;

    4. promotes or assists in any form of unlawful activity;

    5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

    6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

    7. is calculated or is otherwise likely to deceive;

    8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

    9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);

    10. implies any form of affiliation with Us where none exists;

    11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

    12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

  3. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:

    1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

    2. remove any User Content submitted by you that violates this Acceptable Usage Policy; 

    3. issue you with a written warning;

    4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

    5. take further legal action against you as appropriate;

    6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

    7. any other actions which We deem reasonably appropriate (and lawful).

  4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

12. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available here.  These policies are incorporated into these Terms of Use by this reference.

13. Changes to these Terms of Use

  1. We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

  2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

14. Contacting Us

To contact Us, please email Us at [email protected]

15. Communications from Us

  1. If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

  2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.

  3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact email us at [email protected]

16. Data Protection

  1. All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.

  2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy here.

17. Law and Jurisdiction

  1. These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Fort Bend County Texas law.

  2. If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of  Fort Bend County Texas

  3. If you are a consumer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the United States of America, as determined by your residency.

Terms  & Agreement for the CRM Specialist Academy

RECITALS:

WHEREAS, the Principal is the student agreeing to the terms.

WHEREAS, the Principal desires to appoint and engage the Agent as its lawful agent and representative to perform the services (hereinafter defined and referred to as "Services") described hereunder;

WHEREAS, the Agent agrees to accept such appointment and to represent the Principal and perform such Services in the territory described herein, under the terms and conditions in this Agreement;

NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:

APPOINTMENT: 

Principal hereby appoints Agent as its non-exclusive agent in the territory described below.

Agent will perform the following Services for Principal, in accordance with the terms and conditions of this Agreement: 

TERRITORY:

Agent shall perform the Services for the Principal in the following territory (the "Territory"): 

The United States of America

TERM: 

Agent shall begin performing the Services for Principal on the start of the group program date. First payment should be received in order to access course materials. The Agent is not responsible for incomplete work or unclaimed demo calls due to cancellation, rescheduling, or no response from the Principal's end.

PAYMENT: 

For performing the Services hereunder, Principal will pay Agent a total of $2500 if choosing the pay in full option or 3 payments of $900 if choosing the payment plan.

Additional details as to Agent's payment are as follows: Agent will be paid via the Client's recurring payment within their student dashboard in Thinkific. There are no refunds on any services.

LATE PAYMENTS:

In the event the principal does not pay their monthly payments, the Agent will first attempt to charge the card on file three (3) days after the payment is past due. If payment is more than 3 days past due, course access will be revoked. If payment is still not received within 3 days, the Agent will attempt to contact the principal to remit payment via their student dashboard immediately. If the payment is not received within 30 days, Agent will proceed to take legal action to remit payment.

EXPENSES: 

The Agent will be responsible for any and all expenses incurred in the performance of Services under this Agreement, excluding any required subscriptions or payments to Dubsado or their platform.

TAXES:

Agent shall be responsible for the payment of any and all taxes incurred by Agent under this Agreement. As the Parties do not have an employment relationship, Principal shall not be liable for any taxes.

TERMINATION:

To terminate this Agreement, the Parties must notify each other in writing. If either Party would like to terminate.

This Agreement may also be terminated by the Principal at any time, without notice, if Agent breaches any of the terms and conditions herein. It may also be terminated by the Principal in case of Agent's insolvency, bankruptcy, death or disability. At time of termination, Principal will be invoiced and billed for any unpaid hours and will be required to pay their full balance at time of termination within 3 days of the invoice date.

EXCLUSIVITY:

The Parties hereby agree that Agent does not need to work on an exclusive basis and is free to provide other services to other individuals and/or organizations, provided such services do not directly compete with the Services of Principal listed herein.

INTELLECTUAL PROPERTY:

Agent hereby acknowledges and agrees that all intellectual property belonging to or in the name of Principal, including, but not limited to all registered copyrights, trademarks and service marks, as well as any patent or patent application, shall be and remain the exclusive property of Principal, and Agent shall not at any time acquire or claim any right, title or interest in or to any such intellectual property.

INDEMNIFICATION:

Agent and Principal hereby warrant and agree to hold each other harmless and indemnify each other against any and all demands, claims, or costs which may have arisen from negligence in the performance of any duties under this Agreement.

LIMITATION OF LIABILITY:

In no event shall either Party under this Agreement have any liability to the other for any special, consequential, exemplary, incidental, or punitive damages arising out of this Agreement or in connection with any Services performed under this Agreement.

RELATIONSHIP:

The Parties agree that nothing herein shall be construed to create any type of relationship, such as an employment relationship or joint venture, other than the Principal-Agent relationship for the specific Services designed hereunder.

 GENERAL PROVISIONS:

a) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the state of Texas and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within the state of Texas. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.

b) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

c) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party.

d) AMENDMENTS: This Agreement may only be amended in writing signed by both Parties.

e) NO WAIVER: None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.

f) SEVERABILITY: If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.

g) PUBLIC ANNOUNCEMENT: Neither Party will make any public announcement or disclosure about the existence of this Agreement or any of the terms herein without the prior written approval of the other Party.

h) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.

i) HEADINGS: Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.

j) COUNTERPARTS: This Agreement may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.

k) FORCE MAJEURE: Agent is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

l) NOTICES ELECTRONIC COMMUNICATIONS PERMITTED: i) Any notice to be given under this Agreement shall be in writing and shall be sent by e-mail, to the relevant email address set out below or other email address as that Party may from time to time notify to the other Party in accordance with this clause.