THE STYLE TYPE QUIZ LEAD MAGNET
LICENSE AGREEMENT & TERMS
This Style Type Quiz Lead Magnet License Agreement (this “Agreement”) is entered into as of [__________] [__], 20 (the “Effective Date”) by and between Body Beautiful, LLC, a California limited liability company (the “Company”), and the person named on the signature page hereto (“Client”). Body Beautiful, LLC (the “Company”) offers access to and use of its proprietary Style Type Quiz Lead Magnet (the “Content”) to you, subject to your acceptance of these terms of service (“Terms”). By accessing, viewing, using or obtaining any Content, you agree to accept and be bound by these Terms and you represent and warrant that you are at least 18 years of age and possess all legal right and capacity to enter into these Terms. If you do not accept these Terms, you should not access, view, use or obtain any Content.
Whereas, the Company provides templates, marketing and lead magnet content in the personal styling and fashion industry; and
Whereas, the Client is a personal stylist, image consultant, or similar professional looking to attract new customers by offering lead magnet content.
Now, Therefore, in consideration of the premises herein, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Company and Client agree as follows:
- License. Subject to the terms and conditions of this Agreement, the Company grants Client a limited, non-exclusive, non-transferable license to use and modify the Style Type Quiz Lead Magnet content provided to Client by the Company (the “Content”) for the limited purpose of providing online quizzes and other lead magnet marketing materials to attract new customers. Client acknowledges and agrees that (i) the Company owns all intellectual property rights in and to the Content, (ii) other than as provided herein, Client will not sublicense, republish, reproduce, transmit, amend, post, download, upload, sell, transfer or otherwise distribute in any way the Content, without the prior written consent of the Company, and (iii) Client is not permitted to suggest an association or endorsement by the Company or make any use of the Content which might be considered defamatory, libelous, obscene, immoral or illegal. This Agreement is not intended to grant Client a license or right to use any of the Company’s trademarks or service marks.
- Fees and Refunds. Client agrees to pay the Company, by check, credit card, or wire transfer of immediately available funds, a one-time fee in the amount of one hundred fifty dollars ($150 USD) in exchange for the rights granted to Client hereunder. Any charges payable by you for the Content will be stated on the website or service under which you are purchasing the Content. Payment must be received in full, and the License & Terms agreement signed and returned before you have the right to access any Content. After you have received access to the Content, you shall not be entitled to a refund for any reason.
- Termination. If you fail to comply with any provisions of these Terms, the Company may suspend or terminate your access to the Content or notify you that you are no longer permitted to use any Content. Upon such notification, you must cease and desist using any Content and destroy all Content obtained and all copies thereof, whether made under these Terms or otherwise. The Company may take such further action as it determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and the Company shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from the Company’s exercise of its rights under these Terms.
- Links to Third-Party Websites. The Content may contain links to websites operated by third parties that are not under the control of the Company. Neither the Company nor any member, director, officer or agent of the Company endorses or represents the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on such other websites. The use of such other websites is at your own risk.
- DISCLAIMER OF WARRANTIES. ALL CONTENT IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR GURANTEES REGARDING THE ACCURACY, RELIABILITY, OR TIMLINESS OF THE CONTENT.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY, ITS MEMBERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT.
- Indemnification. The Client will defend, indemnify and hold harmless the Company and its members, directors, officers and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees as a result of Client’s use of the Content, Client’s breach of this Agreement, or Client’s violation of any law or rights of a third party.
- Miscellaneous. This is the entire agreement between the parties with respect to the subject matter hereof and no changes or modifications or waivers to this Agreement shall be effective unless in writing and signed by both parties. Client may not assign its rights or obligations hereunder without the prior written consent of the Company. Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. The headings in this Agreement are for convenience of reference only and are not to be considered in construing this Agreement. Client’s obligations under this Agreement are of a unique character that gives them particular value, and breach of any of such obligations will result in irreparable and continuing damage to the Company for which there will be no adequate remedy at law. In the event of such breach, the Company will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper (including monetary damages if appropriate). This Agreement shall be governed in all respects by the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed and delivered by facsimile signature, PDF or any electronic signature complying with the U.S. federal ESIGN Act of 2000 (e.g., www.docusign.com).
Following purchase of this package, the Client will first receive an agreement with the above terms to sign, date and send to The Company. Upon completing and sending back the signed agreement, the parties will execute this Agreement as of the Effective Date with signatures, and the Client will receive the Style Type Quiz Lead Magnet Package.