TERMS OF SERVICE/PURCHASE AND DiSCLAIMER
Iconic Living, LLC
BY VISITING/PURCHASING from www.yourinnercelebrity.com, www.videoglamcamkit.com, and www.thevideoglamcamkit.com, YOU ARE CONSENTING TO OUR TERMS OF SERVICE/PURCHASE.
By using www.yourinnercelebrity.com, www.videoglamcamkit.com, and www.thevideoglamcamkit.com referred to as this “Site” depending on which you are visiting, all visitors, referred to as “user,” “you,” and “your,” are bound by these Terms of Service. The terms “we,” “us,” and “our,” refer to Iconic Living LLC (“Company”), owner of www.yourinnercelebrity.com, www.videoglamcamkit.com, and www.thevideoglamcamkit.com. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein. By using the Site, you agree to these Terms of Service/Purchase, without modification, and acknowledge reading them. We reserve the right to change these Terms of Service/Purchase or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service/Purchase on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms of Service with the modifications.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service.
SERVICE TERMS AND DISCLAIMERS
By participating in/reading this website and/or website/blog/email series, you acknowledge that the Company cannot guarantee the outcome of services and/or recommendations on the website/blog/email series and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described. The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content. By participating in/reading Company’s services/website/blog/email series, you acknowledge the owner of Iconic Living LLC, Elizabeth de Moraes, is not a medical professional, licensed psychologist, or financial adviser, and her services do not replace the care of medical or other licensed professionals. Coaching is in no way to be construed or substituted as medical advice or psychological counseling or any other type of therapy or medical advice. In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration and/or billing information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction. You may use the Site and Service for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
PURCHASE AND REFUND POLICY
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by the Company. No refunds will be given for any coaching services purchased online. Products have a 30 day money back guarantee as long as the product is returned in pristine condition. Once the product has been returned within 30 days of receipt and inspected the refund minus shipping will be refunded on the card that it was initially charged on. If something is defective (not user caused), it can be sent back within the 30 day time frame for an exchange of the piece.
ICONIC LIVING LLC INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Iconic Living LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company / www.yourinnercelebrity.com, www.thevideoglamcamkit.com, www.videoglamcamkit.com, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY CUMULATIVE LIABILITY TO YOU EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
RELEASE OF CLAIMS
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
GOVERNING LAW; VENUE; MEDIATION
These Terms shall be construed in accordance with, and governed by, the laws of the State of Texas. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Dallas, Texas. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
If any term, provision, covenant, or condition of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT; WAIVER; HEADINGS
These Terms constitute the entire agreement between you and the Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If you have any questions or concerns regarding these Terms of Service please email: email@example.com Updated: June 2016
TERMS OF SERVICE/PURCHASE AND DISCLAIMER for Online Group Courses
Iconic Living, LLC
BY VISITING/PURCHASING from www.yourinnercelebrity.com YOU ARE CONSENTING TO OUR TERMS OF SERVICE/PURCHASE.
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Elizabeth de Moraes (“Coach”), acting on behalf of Iconic Living, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
TERMS. Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the outline of the group coourse (“Program/Course”). The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s Website www.yourinnercelebrity.com as part of the Program. Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances. Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met. Coach reserves the right to remove Client from Program at any time for any reason.
The Program includes the following:
Each Wednesday for 6 weeks we will meet via Zoom video conferencing call for that week's module content and for the Coach to deliver the content. If Client is not able to make it any of the sessions, it will be recorded to watch at another time. Each week the Client will receive a handout/workbook that coincides with that week's material and assignments to then do and PRACTICE through the week. The group will have a private Facebook group where the Client can post his/her videos and support each other. The Coach will be active throughout the week to provide feedback to each of your videos and invite all participants to give support to each other. The Coach will hold office hours for question and answer in the Facebook group once a week.
Client agrees to be open minded to Coach’s methods and partake in services as proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Program. Coach may revise methods or parts of the Program based on the needs of the Client.
By participating in the Program, Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in this Program is in no way to be construed or substituted as psychological counseling or any other type of therapy or professional advice.
The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or coaching provided.
The Coach may provide Client with third-party recommendations for such services as marketing, photography, business, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials, earnings, or examples shown through Coach’s website are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs, courses, and/or services. Client acknowledges that Coach has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Coach’s website, programs, products or services.
PAYMENT AND REFUND POLICY
Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount. Coach does not offer refunds to ensure that clients are fully committed to the Program. If Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach's website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”). Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that Coach will charge the credit card chosen by the Client. In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls. If Client has not paid within fourteen (14) days, Coach has the right to terminate agreement.
INTELLECTUAL PROPERTY RIGHTS
In respect of the documents specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately remove Client from the Program, without refund, if you are caught violating this intellectual property policy.
RECORDING AND REDISTRIBUTION OF CALLS
Client acknowledges that group coaching sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Coach.
The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
DISCLAIMER OF WARRANTIES
The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
LIMITATION OF LIABILITY
By using Iconic Living, LLC services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Program is at user’s own risk.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Austin, Texas or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, regardless of the conflict of laws principles thereof.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Iconic Living, LLC
DATA WE COLLECT AND HOW WE USE IT
We collect the personal information you voluntarily provide to us, which includes your name and e-mail address, in order to subscribe to our newsletter, receive our content, comment on our blog, and/or purchase services or online products. There is also other personal data we may collect detailed herein.
We collect data from you directly when you fill out a form, purchase a product, or communicate with us via email or social media. We also collect data from you when you use our Website. We may collect personal data from third parties such as our payment processors, advertising networks, and/or analytics providers. Your data is stored in a secure platform. We use your personal data for processing as outlined below or a reasonably compatible purpose.
Usage Data. We may process data about your use of our Website and services. This may include your IP address, browser type, operating system, geographical location, page views, website navigation paths, and frequency and/or pattern of your use of our website. This data is collected through our analytics tracking systems, including Leadpages and Active Campaign. This data is used to analyze the use of our Website, to deliver relevant content and advertising, and understand our users. The legal basis for processing is our legitimate interest, namely monitoring and improving our website, marketing, and services. Customer Data. We may process user data, such as name, email address, address, telephone, credit-card number, and other relevant data as related to purchases of our products and/or services. We process this data to supply products and/or services to you, as well as to market other relevant goods and services to you. The legal basis for processing is consent and your affirmative action to enter into such contract with us and/or the purchase and delivery of the contract between you and us. User Data. We may process personal information you provide us for the purpose of subscribing to our email notifications, free content, and/or newsletters, as well as communication data that you send to us either through email, social media, or other posting and/or communication methods. We process this data for the purposes of communicating with you, to deliver relevant website content, and for the purposes of sending you marketing, content and/or emails. The legal basis for this process is consent or our legitimate interests, which is to grow our business and keep records which may be needed to pursue or defend a legal action.
MARKETING AND ADVERTISING.
The above Data may be used to send you marketing communications about our business or products. The legal basis for this type of processing is either consent or our legitimate interests in growing our business. We may send you such communications if you requested it and/or if you agreed to receive such communications. You may opt-out of such communications at any time through the ‘unsubscribe’ button in each email or contacting us at firstname.lastname@example.org.
Any of the above Data may be used to deliver advertisements to you, including Facebook Ads, Instagram, and/or other similar advertisements. We may also use such Data to understand the effectiveness of our advertising. The legal basis for this type of processing is our legitimate interest to grow our business through marketing and advertising.
SHARING YOUR PERSONAL DATA
We do share your information with trusted third parties who provide support in running this Website including any blog or newsletter, as well as those parties and services that help administer our business. Your data will never be shared with unrelated third parties. We may disclose your information to payment service providers, administrative and marketing providers, business advisors, or third parties if we sell or transfer parts of our Company. Third parties we share your data with will keep it secure and respect your privacy under the law and we take steps to ensure they companies we work with also comply with the GDPR.
The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies and tracking signals using your web browser settings. If you choose to disable cookies, some areas of the Website may not work properly or at all. Our Site may not respond to Do Not Track signals sent by your browser.
THIRD PARTY LINKS
DATA SECURITY AND BREACH RESPONSE
We do our best to protect your information for any unauthorized access, misuse, or disclosure. We may allow access to your personal data to our employees, contractors, and service providers that need to know such data to perform necessary business services. Personal data will be kept confidential and employees and/or contractors will only have access to it when necessary. Active Campaign and Leadpages will be used to manage data access when possible.
Should there be a potential breach of personal data, we have procedures in place to respond. The breach will be identified, the scope will be determined, and we will make reports and/or notification if we are legally required to do so.
You acknowledge that the personal information you voluntarily share could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner. You agree to notify us for any breach of security or unauthorized use of your information.
DATA RETENTION AND DESTRUCTION
Personal data that we process for any purpose shall not be kept for longer than is necessary to fulfil its collection purpose or to satisfy a legal or accounting purpose. In some cases, your data by be anonymized for research purposes and used indefinitely. If your data no longer meets any of the above criteria, personal data will be deleted or otherwise disposed of in a safe and secure manner.
Your data may be transferred to other countries and by using the Website, you consent to the transfer of information to countries outside your country of residence. If you are located in the European Union, we may store and share your personal data with companies located outside of the European Economic Area. We will always do our best to ensure security of your data. We aim to use US-based providers that are part of the EU-US Privacy Shield. You may always request information on how and where your data is processed and stored.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE
We do not knowingly collect or solicit data online from or market online to children under the age of 13 in compliance with the Children’s Online Privacy Protection Act (COPPA).
CHANGES TO THIS POLICY
Your rights under data protection laws include the right to access, erase, correct, restrict, and/or object to our use and processing of your personal data, as well as the right to portability of the data. You have the right to confirmation as to how and where we process your data. To the extent that the legal basis for our processing consent, you have the right to withdraw at any time. If you consider our processing to infringe data protection laws, you have the right to lodge a complaint with a supervisory authority.
This Website is owned and operated by:
Iconic Living, LLC
P.O. Box 3991, Coppell, TX 75019
Updated: September 9thth, 2018
TERMS OF SERVICE/PURCHASE AND DiSCLAIMER