The terms “we”, “us”, “our” and “Jasmine Star” refers to Jasmine Star, LLC. The term “Site” refers to Socialcurator.com and all online class sites connected with Jasmine Star, LLC. The terms “user,” “you” and “your” refers to site visitors, customers and any and all other users of the site (individually and collectively “Users”).
Socialcurator.com is a website where Users may read articles related to small business management, marketing, sales and services, and where Users may purchase online products and subscriptions (subscription is known as “Social Curator”) related to small business management, marketing, sales and services (individually and collectively “Service”).
USE OF THE SITE + SERVICE
In order to use the Service, you are required to provide information about yourself including your name, email address, username, password and other personal information. You agree that any registration information you give to Jasmine Star will always be accurate, correct and up to date. You may not impersonate someone else or provide account information or an email address other than your own. Your account may not be used for any illegal or unauthorized purpose.
You may not, in the use of the Site and Service violate any laws in your jurisdiction. Jasmine Star reserves the right to refuse service based on your provision of inaccurate account information.
You are solely responsible for protecting the security and confidentiality of your account. You shall immediately notify Jasmine Star of any unauthorized use of your account, or any other breach or threatened breach of the Site’s security of which you are aware.
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site and Service, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You will be responsible for any activity conducted under your account.
You shall not post or transmit through the Site any material which violates or infringes the rights of third parties, 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.
REFUSAL OF SERVICE
Jasmine Star reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Jasmine Star reserves the right to limit the number of participants and subscriptions. Jasmine Star may at any time change or discontinue any aspect or feature of the Site or Service without notice.
ORDER CONFIRMATION AND PAYMENT DETAILS
We will email you to confirm the placement of your order and with details concerning product or Service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Once you purchase a subscription, the initial price you purchased at will remain the same even if the price increases after your initial purchase. However, if you cancel your subscription at any time and re-subscribe at a later date, your new subscription will be purchased at the most current rate. In other words, your initial purchase price will be honored as long as you do not cancel your subscription after your initial purchase.
MONTH-TO-MONTH PAYING MEMBERS
When you register for a Social Curator subscription, you acknowledge and agree that Social Curator or its third party payment processor is automatically authorized to charge you for your monthly subscription plan, for as long as your subscription plan continues. Your subscription is continuous and your plan will continue until you cancel it or we suspend or cancel your account.Your plan price may change at the end of your subscription period if created with a promotional rate.
ANNUAL PAYING MEMBERS
Annual members get early access to content on the 27th of the month. When you register for a Social Curator subscription, you acknowledge and agree that Social Curator or its third party payment processor is automatically authorized to charge you for your annual subscription plan, for as long as your subscription plan continues. Your subscription is continuous and your plan will automatically renew at the end of twelve (12) months until you cancel it or we suspend or cancel your account.Your plan price may change at the end of your subscription period if created with a promotional rate.
MULTI-LICENSE PAYING MEMBERS
A multi-license membership allows a Social Curator member to subscribe and purchase Social Curator Content for more than one customer and/or organization.
A multi-license membership is typically used by Social Media Managers, Graphic Designers, Website Designers, Brand Coaches, Business Coaches, Facebook Ads Managers and Social Media Ads Managers.
Multi-license subscriptions are assigned to a single account owner; the owner will use the multi-license for their customers and/or organizations. Account owners may distribute Social Curator Content according to the number of licenses purchased.
If you have signed up for a month-to-month multi-license Social Curator subscription, the subscription renews automatically on the first of each month and your debit/credit card will be charged the fee stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period if created with a promotional rate. Your subscription will start as soon as your debit/credit card is successfully charged and will be charged at the same hour of your initial charge (if you purchased at 8:30 p.m., you will get access at 8:30 p.m. on the 1st of each month).
Annual members get early access to content on the 27th of the month. If you have signed up for an annual multi-license Social Curator subscription, the subscription renews automatically at the end of twelve (12) months and your debit/credit card will be charged the fee stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period if created with a promotional rate. Your subscription will start as soon as your debit/credit card is successfully charged.
ONLINE CLASS OR WORKSHOP
If you have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop. If you are not accepted into the class or workshop, a refund will be processed within “7” days of the payment date.
CANCELLATIONS, REFUNDS & RETURNS
All sales of digital products downloadable upon confirmation of purchase are final, including limited-time 30 day premium content, unless otherwise stated in a guarantee.
Subscriptions created will not automatically cancel. You may cancel your monthly subscription at any time after the first full month of your subscription, in your account settings or by emailing us at firstname.lastname@example.org and following the instructions you receive. Once cancelled, you will no longer be charged going forward. Payments for the next billing cycle will not be refunded, so please make sure to cancel 48 hours before your downloadable content is delivered.
Subscriptions created will not automatically cancel. If you would like to cancel an annual subscription, you may do so at any time. Please note, however, that you need to cancel at least 48 hours prior to your renewal date to prevent the next year’s subscription from being processed and billed. There is no trial period and we do not allow cancellations and/or refunds for annual subscriptions; because of this, we recommend you try a month-to-month subscription before purchasing an annual subscription. You may upgrade to an annual subscription at any time.
Upon cancellation of a subscription month-to-month members will only continue to have access to all Content purchased through the end of the month in which you cancelled, this includes access to the Social Curator Community (Facebook Group). Upon cancellation of a subscription annual members will continue to receive Content purchased for the 12-month period you originally paid for, and once the 12-month term ends, you will no longer have access to Content purchased, this includes access to the Social Curator Community (Facebook Group). Once you have cancelled your subscription, we recommend both month-to-month and annual members download all Content purchased during your subscription to a personal device.
Please note, if you do not download the Content purchased, you will no longer have access to the Content.
PROMOTIONS AND BONUS MATERIALS
Subscriptions created during a bonus will not automatically cancel after the promotional period. All sales are final when purchasing during a promotion. Subscriptions purchased during promotions and bonuses are non-refundable.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listed.
ARCHIVED MONTHLY CONTENT
Members with an active monthly or annual subscription have access to purchase archived issues. Archived issues are not available for purchase without a Social Curator subscription.
FACEBOOK GROUP ACCESS
Facebook Group access is only available to members with an active monthly or annual Social Curator subscription. Upon cancelling your subscription you will be removed from the Facebook Group prior to the last business day of the month in which your membership is active.
The primary purpose of the Facebook Group is to stay connected, share ideas, and support one another on our journey.
Users should exercise common sense and courtesy in submitting comments or materials for posting in the Facebook Group. Inappropriate postings and/or comments would include, for example, comments or materials that:
Are obscene, vulgar, abusive, hateful or threatening.
Make false or defamatory statements about others.
Are invasive of the privacy rights of others (e.g., by including personal information about other people without their consent).Harass or discriminate on the basis of race, religion, nationality, ethnicity, gender, sexual preference or other factors.
Users may not use the Facebook Group to promote or provide instructional information about illegal activities or for any purpose that may be illegal.User posts and or comments may not contain comments engaging in political activity.
Users may not use the Facebook Group for commercial purposes. Posts and or comments may not include advertisements for goods or services, solicitations, “spam”, chain letters, surveys, pyramid schemes or the like.
Posts and or comments may not include content or materials that violate the copyrights, trademark rights or other intellectual property rights of third parties.Posts and or comments may not include false or misleading representations of affiliation with any other person or entity. A member may not employ false identifiers to impersonate any person or entity or to misrepresent or disguise the true origin of any content.
The member's name must be provided in all posts and or comments.
SUBMISSION OF USER-GENERATED CONTENT
You shall not upload, post or otherwise make available on the Site any artwork, photos or any other content (individually and collectively “User-Generated Content”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any User-Generated Content is not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Jasmine Star from any claim against Jasmine Star resulting from your posting of User-Generated Content to the Site. For all User-Generated Content submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the User-Generated Content, and that the use or display of the User-Generated Content will not violate any laws, rules, regulations or rights of third parties.
If you submit User-Generated Content to us, intentionally or unintentionally, we shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License”). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
You agree that each time you post or submit User-Generated Content to the Site, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.
OUR INTELLECTUAL PROPERTY
All content provided on the Site and in the Service, including all products and all online class, workshop materials and subscriptions are the intellectual property of Jasmine Star.
The content of the Site and Service are protected by United States trademark, trade dress and copyright law. 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 content of the Site or the Service, in whole or in part, without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.
If you violate this intellectual property policy, we reserve the right to immediately remove you from any and all Service without a refund, and shall pursue all available legal remedies against you.
VISUAL CONTENT USAGE AGREEMENT
All visual content, namely images, in the Social Curator content library are considered standard (non-commercial) “royalty free” stock images.
Social Curator hereby grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein) and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the terms below and subject to the limitations set forth herein:
Social Curator grants you the right to use visual content:
A. As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile "apps", software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth below);
B. Printed in physical form as part of product packaging and labeling, point of sale advertising, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 100,000 times in the aggregate.
C. As part of an "Out-of-Home" advertising campaign, including on billboards, street furniture, etc., provided the intended audience for such campaign is less than 100,000 gross impressionsIncorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised, without regard to audience size, provided the budget for any such production does not exceed USD $10,000
D. For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)
Visual Content may NOT be used in any of the following ways:
A. Incorporated into merchandise intended for sale or promotional distribution (collectively "Merchandise"), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution.
B. As part of a trademark, design mark, trade name, business name, service mark, logo, letterhead or on business cards
C. In wall art (with or without further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale.
D. Incorporated as elements of digital templates for sale or distribution.As a subscriber to the site, you may not transfer the subscription, transfer the Content files, sell, lease, assign, or give away Social Curator Content or anything similar thereof to a third-party.
DISCLAIMER OF WARRANTIES – WAIVER AND RELEASE
The content on the Site and the Service is provided “AS IS” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in any content (including, without limitation, User-Generated Content) will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. We make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the Site including, without limitation, any third party site or service linked to from the Site.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any product or service that you purchase from a third party website that links to or from the Site or third party information, content or materials contained on our Site. We do not endorse any of the products, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third party website. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, debit/credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the Site (including, without limitation, User-Generated Content), on third party websites, and any information, content and materials you provide to or through any such third party websites (including, without limitation, debit/credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
You acknowledge that you have carefully read this “Waiver and Release” and fully understand that it is a release of liability. You expressly agree to release and discharge Jasmine Star and all Indemnified Parties (as hereinafter defined) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against Jasmine Star and all Indemnified Party for any type of injuries and/or damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the foregoing disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
LIMITATION OF LIABILITY
You agree that under no circumstances (including negligence) shall Jasmine Star or the Indemnified Parties be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of or in connection with: (i) your use of, or any inability to use, the Site, Service or any content or functions thereof; (ii) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, line or system failure or any incompatibility between the Site and any site, service, software or hardware; (iii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iv) 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 Jasmine Star or the Indemnified Parties 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 Jasmine Star’s or the Indemnified Parties’ total liability to you for all loss, cost, damage, liability or expense (including attorneys’ fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the total purchase price of the Service you have purchased from Jasmine Star, and if no purchase has been made by you Jasmine Star’s and the Indemnified Parties’ total liability to you shall not exceed $1.00.You agree that under no circumstances shall we or the Indemnified Parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, Acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement by Jasmine Star 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 Jasmine Star.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Socialcurator.com, 220 Newport Center Drive, #440, Newport Beach, CA 92660.
GOVERNING LAW, VENUE AND MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Orange County, CA. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other reasonable costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement 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.
When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we have taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, Jasmine Star does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Site and/or Service is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE JASMINE STAR’S PRODUCT IS AT YOUR SOLE RISK. By purchasing any product produced by Jasmine Star, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation. You also understand that any testimonials or endorsements by our customers or audience represented on, including but not limited to, our Site, Service, programs, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and/or any third parties, and the results experienced by individuals may vary significantly. Any statements outlined on, including but not limited to, our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by other businesses, including Facebook, nor have they been reviewed tested or certified by other businesses, including Facebook.
There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, their ideas and techniques. We do not position this product as a “get rich scheme.”
Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, as well as your finances, knowledge and skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Materials in our product and our Site may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward-looking statements here or on any of our sales materials are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
How much is The Forever Plan? The Forever Plan is valued at $1500. It is a one time purchase and all you will EVER pay to Social Curator again for a standard subscription. At this time, a standard subscription includes access to one Issue per month, along with access to the Social Curator Community and photo gallery of images. The one-time fee of $1500 applies to one user account only. At this time we do not offer multi-user or multi-license add-ons, but in the future, multi-user licensing will be an extra fee.
Do I get any more perks for picking this plan? Forever Plan users receive similar perks to annual users. If you are a monthly user or a brand new user joining with the Forever Plan, you’ll receive an additional 25 caption templates, access to our Brand Builder Workshop (valued at $299), the option to be featured in the Social Curator Directory, and early access to the next month's issue on the 27th of the month. If you are currently on an annual plan, you already have the perks included in the Forever Plan. Plus, any cool new add-ons we release in the future, you get 30% the rate. Most add ons are included though!
Will I get access to past issues or past content of Social Curator? You will only have access to the content found within the Issues (ie. captions, marketing plans, photos, and story sets) you’ve received during the months that you’ve had an active subscription. On the Forever Plan, you’ll receive access to one standard Issue each month moving forward. In order to invest in past Issues, simply sign in to your Social Curator Dashboard, go to “Shop,” and purchase any Issue you’d like access to.
What if I already have an active monthly or annual plan? If you already have an active monthly or annual subscription, when you sign up for a Forever Plan, the prorated remaining portion of your current subscription term will be automatically subtracted from the Forever Plan charge of $1500. Example: If you started or renewed an annual plan in the month of January 2021 and you purchase the Forever Plan on June 8, 2021, The remainder of your subscription term (June 9, 2021 -through your subscription start date in January of 2022) will be automatically put toward the $1500 for the Forever Plan.
If you are a WINNER of a free Forever Plan, buyouts or refunds on existing plans cannot be honored.
What if I get The Forever Plan and decide I don't want it? We will not issue any refunds as a result of canceling or changing your mind on the Forever Plan. No exceptions, we're sorry.
Can I transfer my Forever Plan to another user? No, account payments cannot be transferred.
Do you offer payment plans for The Forever Plan? No, we do not.
These terms are subject to change.
By purchasing The Forever Plan means you agree to each and every one of these terms.
View a sample of what Social Curator members receive every month, including 10 FREE lifestyle photos, 10 customizable caption templates, 3 Instagram story templates, and a social media action plan to show you how to use them.GET THE SNEAK PEEK