Terms Of Service
Terms of service:
The following terms and conditions, together with any documents expressly incorporate by reference (“Terms of Use”), are entered into by and between you and Selena-official, Inc. (“Selena-official”, “Company”, “us”, “our”, or “we”), and governs your access and use of Selena-official’ website located at www.selena-official.com and related sub-domains (together, the “Website”) its features and any applicable products or services offered by or through the Website (collectively, the “Services”). By using or accessing any part of our Website, you are agreeing to these Terms of Use, and all other policies or notices posted by us on our Websites, all of which are incorporated by this reference.
Please check back regularly for updates. We will also provide you with an email notification of any changes if you have a user account with us.
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS OF USE CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.
By accessing or using the Services, you are agreeing to all of these Terms of Use, as may be updated by us from time to time, as well as our Privacy Policy, as it may be updated by us from time to time. Please read each of them carefully. You should check these Terms of Use and our Privacy Policy regularly to take notice of any changes we may have made. Any person or entity who interacts with the Website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Services.
- CHANGES TO TERMS OF USE; MODIFICATIONS TO THE WEBSITE
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and Services thereafter. However, any changes to the dispute resolution provisions set forth in the Dispute Resolution Section will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. While we will endeavor to provide notice of any updates to these Terms of Use, you are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend the Website, the Services or any material we provide on the Website or through the Services, or any portion thereof, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or an entire Website, to users, including registered users.
- ELIGIBILITY
The Website is offered and available only to users who can lawfully enter into and form contracts under the applicable laws.
By using the Website, you represent and warrant that you are at least 18 years old, and if you are under the age of 18, then you represent and warrant that you are least 13 years of age and only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
However, if you are accessing the Website from the European Union or the European Economic Area, then you must be at least 16 years of old to use and/or access the Website.
If you do not meet all of these requirements, you must not access or use the Website.
- ACCESS AND USE
Subject to your compliance with these Terms of Use, Selena-official or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. Access to and use of the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. All rights not expressly granted to you in these Terms of Use are reserved and retained by Selena-official or its licensors, suppliers, publishers, rights holders, or other content providers.
You may use the Services only as permitted by law. The licenses granted by Selena-official terminate immediately and automatically if you do not comply with these Terms of Use. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites that are not operated by Selena-official (the “Linked Sites”); Selena-official has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
You may post reviews, comments, photos, images, graphics, videos, audio recordings, and other content and submit suggestions, ideas, comments, questions, or other information (collectively “User Content”), so long as such content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. The term User Content includes, without limitation, any content you (i) submit or post on the Website or through tools or applications we provide for posting or sharing such content with us or (ii) have posted or uploaded to your social media accounts, including, but not limited to, Instagram, Twitter, Facebook, Tumblr, and Pinterest, and allowed us to feature.
If you post any User Content, and unless we indicate otherwise, then you grant Selena-official a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, and fully sublicensable and transferable right and license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use, or otherwise exploit all or any portion of the User Content, as well as your name, persona, and likeness included in any User Content and your social media account handle, username, real name, profile picture, and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media, or technology, whether now known or later developed, including, without limitation, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales, or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms of Use or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Selena-official will be free to use any ideas, concepts, know-how, or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
By submitting or posting User Content, you represent and warrant that: (a) you own or otherwise control all of the rights to the User Content that you post; (b) the User Content is accurate; (c) use of the User Content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and (d) you will indemnify Selena-official for all claims resulting from content you supply. Selena-official reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. Selena-official takes no responsibility and assumes no liability for any content posted by you or any third party.
- RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services, such as open-source software. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Selena-official, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Selena-official. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- PROHIBITIONS
The right to access and use the Services does not include: (a) any resale or commercial use of any Services or its contents; (b) any collection and use of any product listings, descriptions, or prices; (c) any derivative use of any Services or its contents; any downloading, copying or other use of account information for the benefit of any third party; or (d) any use of data mining, robots or similar data gathering and extraction tools.
With respect to the Services and all parts of the Services, you will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb, or any other material that is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment card or other content; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision could constitute a criminal offense and Selena-official will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Selena-official without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the Selena-official name or trademarks without the express written consent of Selena-official. You may not misuse the Services.
- CONSENT TO USE ELECTRONIC COMMUNICATIONS
In connection with these Terms of Use, you may be entitled to receive certain communications from us such as notices, product updates and changes to the Terms of Use, in writing. To facilitate your use of the Website, you give us permission to provide these communications to you electronically instead of in paper form. You can withdraw your consent to receive further communications electronically at any time by selecting to remove yourself as a registered user. Any withdrawal of your consent to receive communications will revoke your access to the Website. Any withdrawal of your consent to receive communications will be effective only after a reasonable period of time to process your request to revoke your access as a registered user.
- CONTENT, SOFTWARE AND INTELLECTUAL PROPERTY
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Selena-official, its licensors or other providers of such material and are protected by U.S. and international intellectual property laws, including, without limitation, U.S. and international copyright laws. Furthermore, the compilation of all content included in or made available through any Services is the exclusive property of Selena-official and protected by U.S. and international copyright laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this Website.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website, as well as any of its contents, features and functionality, including the Services, will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted in these Terms of Use are reserved by Selena-official. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
The Company name, the terms “Selena-official”, “Selena”, the Company logos and all related names, logos, product and service names, designs and slogans are trademarks of Selena-official or its affiliates or licensors. You must not use such marks without the prior written permission of Selena-official. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- COPYRIGHT POLICY
Reporting Claims of Copyright Infringement
We respect the intellectual property rights of others, and we ask our users to do the same. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
DMCA Designated Agent
5410 Leopard Street Corpus Christi, Texas 78404
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Upon receipt of notices complying with the DMCA, Selena-official will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SELENA-OFFICIAL ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER COMMUNICATIONS, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
- TERMS OF SALE
You may need your own Selena-official account to use certain parts of the Services, and you may be required to be logged into the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
To contract with Selena-official you must be at least 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Selena-official retains the right to refuse any request made by you. If your order is accepted, then we will inform you by email, and we will confirm the identity of the party with whom you have contracted. This will usually be Selena-official or may in some cases be a third party. Where a contract is made with a third party, Selena-official is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale that the third-party supplies to you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. Selena-official reserves the right to refuse service, terminate accounts, terminate your rights to use the Services, remove or edit content, or cancel orders in our sole discretion.
By placing an order you are offering to purchase a product or service on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. The cost of foreign products and services may fluctuate. All prices advertised are subject to changes. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure events for which we will not be responsible.
- a) Our Contract. When you place an order, you will receive an acknowledgement email confirming receipt of your order; this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods that you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
- b) Pricing and Availability. Although we try to ensure that all details, descriptions, and prices that appear on the Website are accurate, errors may occur. If a product offered by Selena-official itself is not as described, then your sole remedy is to return it in unused condition. If we discover an error in the price of any goods that you have ordered, then we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, then we will treat the order as cancelled; if you cancel and you have already paid for the goods, then you will receive a full refund.
- c) Shipping Fees; Custom and Duty Fees. In addition to the price for the product, we charge a shipping fee; such additional charges are clearly displayed where applicable and included in the “Total Cost.” Furthermore, all customs and duty fees, and any applicable sales taxes, are your responsibility to pay and may be charged by us as applicable and required by law. Shipping costs are non-refundable, which includes returns, package rejection upon arrival, and/or failure to pay duty fees.
- d) Payment. Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction; your card will be debited upon authorization being received. The monies received upon the debiting of your card will be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit will be used as consideration for the value of goods you have purchased as listed in the confirmation email. The risk of loss and title for products pass to you upon our delivery to the carrier.
- e) Returns and Refunds. Selena-official does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Selena-official does not take title to the refunded item.
- f) US Dollars and Foreign Currency Conversion. The Website and the Services provided thereunder operate in U.S. Dollars. If your payment method is denominated in a currency other than U.S. Dollars and requires currency conversion to make payments in U.S. Dollars, foreign currency conversion rates may occur.
- INTERNATIONAL USERS
The Website is controlled, operated, and administered by Selena-official from its offices within the United States and is not intended to subject Selena-official to the laws or jurisdiction of any state, country, or territory other than that of the United States. Although the Website may be accessed from countries around the world, Selena-official makes no representation that the Website or Services are appropriate or available for use in any jurisdiction other than the United States. If you choose to access the Website from outside the United States, you do so on your own initiative and at your own risk and are responsible for complying with all local statutes, orders, regulations, rules, and other laws.
- 11.EXPORT POLICY
You agree that any purchased goods licensed or sold on the Website, and all software that is contained on the Website (including all HTML code and controls), are subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing, downloading, or using technology or software from the Website, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
- 12.RESTRICTIONS
You may use the Website and/or our Services only for lawful purposes and in accordance with these Terms of Use. You may not:
- a) Use our Website, and its entire contents, features and functionality (including but not limited to the Services) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or otherwise in violation of these Terms of Use, our Privacy Policy or any other applicable policies or documentation;
- b) Submit content through our Services that does not belong to you or the company you belong to;
- c) Use our Website or Services in a way that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- d) Impersonate or attempt to impersonate Selena-official, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- e) Upload, launch, post, or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Website and/or our reputation, or harm or corrupt our or anyone else’s computer systems, or data;
- f) Use our Website to harm minors in any way, including postings that violate child pornography laws, child sexual exploitation laws, or any other laws protecting children;
- g) Modify the Website or any part of the Website; and
- h) Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Selena-official or users of the Website or expose them to liability.
Additionally, you agree not to:
- a) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to use the Services;
- b) Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- c) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
- d) Use any device, software or routine that interferes with the proper working of the Website or the Services;
- e) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; and
- f) Attack the Website or its Services via a denial-of-service attack or a distributed denial-of-service attack.
- TERMINATION
We may suspend or terminate your access to the Website at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Use; (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the rights granted to you shall terminate, including, without limitation, your license to use the Website. If you or Selena-official terminates your use of the Website or the Services, Selena-official may delete any materials relating to your use of the Website on our servers or otherwise in our possession and Selena-official will have no liability to you or any third party for doing so.
- 14.LINKING TO THIS WEBSITE
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice in our sole discretion.
- 15.DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. SELENA-OFFICIAL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, THE SERVICES, IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SELENA-OFFICIAL NOR ANY PERSON ASSOCIATED WITH SELENA-OFFICIAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SELENA-OFFICIAL NOR ANYONE ASSOCIATED WITH SELENA-OFFICIAL REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SELENA-OFFICIAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- 16.LIMITATION OF LIABILITY
IN NO EVENT WILL SELENA-OFFICIAL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES, THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE SERVICES OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND SELENA-OFFICIAL. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SELENA-OFFICIAL. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
- 17.INDEMNITY
You agree to defend, indemnify and hold harmless Selena-official, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use, your use of the Websites, or any content or services obtained through the use of the Website including, but not limited to, your User Content, your use of the Services, or any other use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
- 18.INVALIDITY
If any part of the Terms of Use is unenforceable (including any provision or portion of a provision in which we exclude our liability to you), then the enforceability of any other part of the Terms of Use (including portions of provisions) will not be affected and all other clauses will remain in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause/sub-clause will be interpreted accordingly. Alternatively, you agree that the clause/sub-clause will be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
- 19.WAIVER
Our failure to exercise or enforce, our partial exercise or enforcement of, or our delay in exercising or enforcing any right or remedy under these Terms of Use shall not operate as a waiver or estoppel of any right or remedy.
- 20.DISPUTE RESOLUTION
Please read this carefully. It affects your rights. YOU AND SELENA-OFFICIAL AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS, AS APPLICABLE, AGREE TO ARBITRATION, AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR SERVICES. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
- a) Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Selena-official, to you via any other method available to Selena-official, including via e-mail. The Notice to Selena-official should be addressed to: Singh, Singh & Trauben, LLP, 400 S. Beverly Drive, Suite 240, Beverly Hills, CA 90212, Attn: Simran A. Singh, Esq. (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and Selena-official do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Selena-official may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against Selena-official, then Selena-official will promptly reimburse you for your confirmed payment of the filing fee upon Selena-official receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.
- b) Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and Selena-official agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- c) No Class Actions. YOU AND SELENA-OFFICIAL AGREE THAT YOU AND SELENA-OFFICIAL MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
- d) Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of California in conducting the arbitration. You acknowledge that this Agreement and your use of the Website evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.
- e) Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Selena-official seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Selena-official or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Selena-official, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in this Agreement.
- f) Claims. You and Selena-official agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement, the use of the Website, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- g) Improperly Filed Claims. All claims you bring against Selena-official must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Selena-official recover attorneys’ fees and costs up to $5,000, provided that Selena-official has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
- GOVERNING LAW AND JURISDICTION
Only if the Mandatory Arbitration clause is deemed to be null and void, then all matters relating to the Website, the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). In such a situation, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website, including any services or content obtained through the use of the Website, including but not limited to, your use of the Services, shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas and County of Nueces provided, however, we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- 22.MESSAGING TERMS & CONDITIONS
You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from Selena-official, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when joining or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Selena-official reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Selena-official also reserves the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Selena-official, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
- a) Cancellation. Reply STOP to cancel. After texting STOP you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that SELENA OFFICIAL and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from SELENA OFFICIAL through any other programs you have joined until you separately unsubscribe from those programs.
- b) Mobile Phone Number Change. In the event that you change or deactivate your mobile phone number, you agree to notify Selena-official by emailing us at Selena-official.com
- c) Problems. If you are experiencing any problems, please email us at Selena-official.com
- d) Contact. This message program is a service of Selena-official, located at Corpus Christi, Texas, USA
- e) Changes to Messaging Terms. We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
- ENTIRE AGREEMENT
These Terms of Use, including policies and information linked from or incorporated herein, such as our Privacy Policy, constitute the entire agreement between you and Selena-official supersede any and all preceding and contemporaneous agreements between you and Selena-official. No provision of these Terms of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. If any provision of these Terms of Use is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Use without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
- 24.CONTACT US
To contact us with any questions or concerns in connection with these Terms of Use or the Website, please contact us through email or mailing address:
Email: contact@selena-official.com
Mailing Address
Q Productions, Inc.
c/o Selena-Official.com
5410 Leopard Street
Corpus Christi, Texas 78408