Terms & Condition
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Welcome to samanthajagan.com (the “Website”). These Terms and Conditions (“Terms”) govern your use of the Website, operated by Samantha Jagan, a professional makeup artist. By accessing or using the Website, you agree to be bound by these Terms and to comply with all applicable laws and regulations, including but not limited to the Information Technology Act, 2000, and the Indian Copyright Act, 1957. If you do not agree with these Terms, please do not use the Website.
Acceptance of Terms
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you are prohibited from using or accessing this Website.
Modification of Terms
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.
Eligibility
You must be at least 18 years old to use this Website. By using this Website, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by these Terms.
Use of the Website
The Website is provided for your personal, non-commercial use. You may not use the Website for any illegal or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content.
Content Ownership and Usage
All content on the Website, including but not limited to text, photographs, videos, graphics, logos, trademarks, and other materials, is the property of Samantha Jagan or her licensors and is protected by Indian and international copyright laws. Unauthorized use of the content is strictly prohibited.
- Photographs and Videos: The Website features photographs and videos of brides, celebrities, and other clients whose makeup has been done by Samantha Jagan. Samantha Jagan does not hold the copyright for some of the videos and photographs uploaded or listed on the Website. These materials are used for showcasing Samantha Jagan’s work.
- Brand Logos: The Website may also feature logos of brands that Samantha Jagan has worked with. These logos are used for reference purposes only and do not imply any endorsement or authorization by the brand owners.
Intellectual Property Rights
You acknowledge and agree that Samantha Jagan or her licensors own all intellectual property rights on the Website. You may not reproduce, distribute, modify, display, perform, or use any of the content on the Website without the prior written consent of Samantha Jagan or her licensors.
Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”.
- Using any automated system, including without limitation “robots”, “spiders”, “offline readers”, etc., to access the Website in a manner that sends more request messages to the Website servers than a human can reasonably produce in the same period.
- Transmitting spam, chain letters, or other unsolicited email.
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website.
- Taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
- Uploading invalid data, viruses, worms, or other software agents through the Website.
- Collecting or harvesting any personally identifiable information, including account names, from the Website.
- Using the Website for any commercial solicitation purposes.
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity.
- Interfering with the proper working of the Website.
- Accessing any content on the Website through any technology or means other than those provided or authorized by the Website.
User-Generated Content
You may be permitted to submit, post, upload, or otherwise make available content such as comments, reviews, and other materials on the Website (“User Content”). You retain all rights in, and are solely responsible for, the User Content you make available through the Website. By submitting any User Content, you grant Samantha Jagan a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable, perpetual, irrevocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website and Samantha Jagan’s business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by Samantha Jagan. Samantha Jagan has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Samantha Jagan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
Indemnity
You agree to defend, indemnify and hold harmless Samantha Jagan, her affiliates, licensors, and service providers, and her and their respective officers, directors, employees, agents, 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 or your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Samantha Jagan, her affiliates, licensors, service providers, or any of her or their respective officers, directors, employees, agents, successors, or assigns be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Website; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Website; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website; and/or (vi) the defamatory, offensive, or illegal conduct of any third party. In no event shall Samantha Jagan, her affiliates, licensors, service providers, or any of her or their respective officers, directors, employees, agents, successors, or assigns be liable for any damages in excess of the amount youhave paid to Samantha Jagan for use of the Website, if any, during the six (6) month period immediately preceding the date on which the claim arose.
Disclaimer of Warranties
The Website is provided on an “as is” and “as available” basis. Your use of the Website is at your sole risk. To the fullest extent permitted by applicable law, Samantha Jagan expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, neither Samantha Jagan nor her affiliates, licensors, service providers, or any of her or their respective officers, directors, employees, agents, successors, or assigns makes any warranty that (i) the Website will meet your requirements; (ii) the Website will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Website will be accurate or reliable; or (iv) any errors in the Website will be corrected.
Refund Policy
Samantha Jagan’s website, samanthajagan.com, maintains a strict no-refund and non-transferable policy for all services provided, including but not limited to makeup classes, bridal makeup services, photoshoots, and other similar offerings. Once a payment is processed for any of these services, it is deemed final, non-refundable, and non-transferable.
We highly recommend that clients thoroughly review all available information regarding our services before making a booking. This includes carefully considering the service descriptions, terms, and any other relevant details to ensure they align with your needs and expectations.
Additionally, please note that once a booking is made, it cannot be changed or rescheduled under any circumstances. Clients are advised to carefully choose their dates and times before finalizing their bookings.
If you have any inquiries or require further clarification regarding our refund policy or any of our services, please do not hesitate to contact us at [email protected]. Our team is committed to assisting you and addressing any concerns you may have.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the use of the Website shall be subject to the exclusive jurisdiction of the courts located in Chennai, Tamil Nadu, India. You hereby consent to the personal jurisdiction of these courts.
Compliance with Applicable Laws
You agree to comply with all applicable local, state, national, and international laws, statutes, ordinances, and regulations regarding your use of the Website and any of its services or features. This includes compliance with the Information Technology Act, 2000, the Indian Contract Act, 1872, the Indian Copyright Act, 1957, and any other relevant laws and regulations.
Copyright Infringement and DMCA Policy
If you believe that any content on the Website infringes your copyright, please notify us by sending an email to [email protected] with the following information:
- A description of the copyrighted work that you claim has been infringed.
- A description of the location on the Website of the material that you claim is infringing.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Termination
We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Website, with or without notice, for any reason, including, without limitation, your breach of these Terms. Upon such termination or suspension, you must immediately cease using the Website, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Samantha Jagan regarding the use of the Website and supersede any prior agreements between you and Samantha Jagan relating to your use of the Website.
Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining terms, which shall remain in full force and effect.
Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Samantha Jagan’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact Information
If you have any questions about these Terms, please contact us at [email protected]. We value your feedback and are committed to addressing any concerns you may have.
By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms, please do not use the Website. Your continued use of the Website following the posting of changes to these Terms will signify your acceptance of those changes.