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TERMS AND CONDITIONS

Welcome to the Selita Ebanks online experience at www.selitaebanks.com, and thank you for visiting!

Legal Agreement; Revisions

This website is operated by  KWL Management (“Operator”) on behalf of Selita Ebanks and her affiliated entities (collectively, "we," “us” or “our”). We provide use of the website where these Terms and Conditions of Use are posted (the “Site") subject to these Terms and Conditions of Use (these “Terms"). These Terms are a legal agreement between you and us, and they contain important information on your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Site, you (i) acknowledge that you have read and understand, and are agreeing, on your own behalf and on behalf of your children, to be bound by these Terms and that you are agreeing to comply with all applicable laws, rules and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside.  You further acknowledge and agree that your access to and use of the Site and the services provided through the Site are valuable benefits that you receive by agreeing to, and complying with, these Terms. If you do not wish to agree to these Terms, you may not access, browse or use the Site and you should discontinue these activities immediately. 

We may change or revise these Terms at any time, for any reason and without notice. Your continued use of the Site signifies your acceptance of any such changes or revisions. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms. You can address your questions or concerns regarding these Terms to KWL Management.

Privacy Policy

We respect your privacy and share your concern about its protection. Our Privacy Policy constitutes a part of these Terms and explains how we may collect, use and protect information that we learn about you as a result of your interaction with us through the Site.

Ownership

Selita Ebanks and/or her respective subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees (collectively, "SE Parties") are the exclusive owners or licensees of all content and materials on the Site ("Site Content") and of all related intellectual property rights, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Site.

Selita Ebanks’ trademarks and service-marks and any other marks that Selita Ebanks or the SE Parties may use (collectively, "Selita Ebanks Marks") are the exclusive property of Selita Ebanks. Unauthorized commercial use of any of the Selita Ebanks Marks, or of any word, term, name or symbol that dilutes any of the Selita Ebanks Marks, or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user's connection or association with Selita Ebanks, or her approval or sponsorship of the user's products or services, is strictly prohibited by law. All other trade names, trademarks and service-marks that appear on the Site are the property of their respective owners.

You do not acquire any ownership interests in any Site Content or Selita Ebanks Marks by accessing, browsing or otherwise using the Site. Except as otherwise set forth in the “Fansites” section below, you may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Selita Ebanks Marks, except as may be allowed by The Trademark Act of 1946 (Lanham Act), 15 U.S.C. § 1051 et seq.

Fansites and Use of Site Content.  

Unless otherwise specified on the Site, we grant you a limited, personal, revocable, non-transferable, non-sublicensable, non-exclusive license to reproduce and display the Site Content and Selita Ebanks Marks provided to you by us solely on any fansite or fansite pages dedicated to Selita Ebanks that you create through your use of the services provided through the Site (“Fansite”) solely in connection with your creation, use and exploitation of such Fansite through the Site, subject to the following conditions:

·You will, at all times, be in full compliance with the provisions of these Terms and any and all applicable usage guidelines or policies that may be provided by us from time to time and other terms and conditions applicable to your use of certain services or features made available through the Site (all of which may be modified from time to time in our sole discretion).

·All content displayed on or transmitted through the Fansite will not, as we determine in our sole discretion, be: (i) unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringing of our or any third party’s intellectual property or other rights; (ii) derogatory or harmful to the reputation of Selita Ebanks, the SE Parties, or any of their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; or (iii) harmful to children in any manner. 

·You will retain all trademark, copyright and other proprietary notices contained in or on the Site Content or Selita Ebanks Marks and will not remove or alter any identifying information or copyright or trademark information conveyed in connection with the Site Content. If you post Site Content on your Fansite, you must also prominently post the following notices on your Fansite on the same web page(s) as any of the Site Content: “Selita Ebanks content and materials are trademarks and copyrights of Selita Ebanks and used with permission.  All rights reserved.”

·Your ownership in the Fansite excludes (i) Site Content, Selita Ebanks Marks and all goodwill relating thereto, and (ii) any derivative works based upon or including Site Content and/or Selita Ebanks Marks. Your Fansite is not a “joint work” as that term is defined under United States copyright law (i.e., Title 17, United States Code). You shall not challenge our ownership of any Site Content or Selita Ebanks Marks, nor use or adopt any trademarks that might be confusingly similar to any of the Selita Banks Marks.

·Except as expressly authorized by these Terms, you will not (i) download, copy or use any of the Site Content or Selita Ebanks Marks; (ii) distribute, modify, transmit, publicly display and/or otherwise use Site Content or Selita Ebanks Marks; (iii) rent, lease, reproduce, modify, translate or create derivative works of Site Content; or (iv) create any derivative works from, or in any way exploit, the Site Content or Selita Ebanks Marks, in each case, without the written consent of Selita Ebanks and her affiliated companies. We do not consent to the protection of any unauthorized derivative work under any copyright law. Except as we expressly authorize through the Site and their features, the creation and sale of merchandise that uses, references or is based upon the Site Content and/or Selita Ebanks Marks is expressly prohibited.

We may terminate the limited permission to use the Site Content and Selita Ebanks Marks pursuant to this section at any time for any reason. Under no circumstances will we be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this limited permission. We reserve the right in our sole discretion to expressly refuse this limited permission to any particular Fansite, or to revoke this limited permission at any time without any liability to you whatsoever.

Your Use and Your Content; License Grant; Right to Monitor and Editorial Control

You may access, browse and use the Site and Site Content only for your personal, non-commercial use, on a single computer or other Internet-compatible device to enable you to use the Site. Except as otherwise set forth in the “Fansites” section above, you may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of Site Content, except as may be allowed by Sections 107, 108 and 110 of Title 17 of the United States Code, 17 U.S.C. §§ 107-108 and 110 ("Your Exempt Use"). Your Exempt Use will be, at all times, prominently accompanied by: (i) a copyright notice in the form identical to the copyright notice appearing on the Content that is the subject of your Exempt Use, and (ii) a credit line in the form of the phrase "Accessed on" followed by the date of your access and the URL of the Site where you accessed such Site Content.

Certain features of the Site may allow you to post, upload, transmit or submit certain materials, content, information or ideas to the Site ("Your Content"). We do not ask for, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant the license in the following sub-section (ii), and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (iii) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world); and (iv) indemnify and hold harmless us and the SE Parties for and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Site, Your Content or its posting on, or submission to, the Site, and/or your violation of these Terms. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Site at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site, or through the Site’s services or features, by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.

Prohibited Conduct

You warrant and agree that, while accessing or using the Site, you will not:

• impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site, the SE Parties or otherwise affiliated with us;
• use an inappropriate username or screen name;
• insert your own or a third party’s advertising, branding or other promotional content into any Site Content, except in connection with your creation, use and exploitation of a Fansite;
• obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided through the Site;
• engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
• use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers;
• use the Site or its services in violation of our intellectual property or other proprietary or legal rights or rights any third party;
• use the Site or its services in violation of any applicable law;
• attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Site or its services;
• post, transmit, publish or otherwise disseminate through the Site any of Your Content that, as we determine in our sole discretion:  (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to the reputation of Selita Ebanks, the SE Parties or any of their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; or (iii) is harmful to children in any manner.

Your Account and Your User Information

Some of the services on the Site are only available if you create an account.  When any of the services on the Site require you to open an account ("Your Account") or otherwise provide user or registration information ("Your User Information"), you must complete the registration process by providing us with complete and accurate information. You grant to us and to all other persons and entities involved in the operation of the Site the right to use, store, monitor, retrieve and transmit Your User Information in connection with the operation of the Site. Our information collection and use policies with respect to the privacy of Your User Information are set forth in our Privacy Policy, which is incorporated in these Terms by reference for all purposes.

You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches.

We reserve the right to terminate Your Account or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Account and remove your User Content from the Site.  You have the right to cancel Your Account at any time.  You may cancel Your Account by following the instructions on the Site.

If you voluntarily terminate Your Account or allow Your Account to lapse, you may reactivate Your Account at any time through the account interface on the Site.  Accounts terminated by us for any type of abuse, including without limitation a violation of these Terms, may not be reactivated.

Fees That You Pay

Some aspects of the Site require you to pay a fee, the details of which are available in various areas of the Site that feature the ability to purchase products, features or services. You agree to pay all fees and applicable taxes incurred by you or anyone using Your Account.  We may revise the pricing for products, services or features offered through the Site at any time.  Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.  If there is a dispute regarding payment of fees to, or products or services provided by, us, Your Account may be closed without warning or notice at our sole discretion.

EXCEPT AS OTHERWISE SET FORTH IN OUR RETURN POLICY OR CANCELLATION POLICY, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Site.

Referral Fees That You Receive

Your use of certain features or services available through the Site provides the possibility of generating compensation that would be payable to you by us or our business partners.  The terms of such compensation are stated in the terms and conditions applicable to these features or services.  We do not make any representation, warranty or guaranty as to the amount of compensation you will earn from your use of any of these features or services or whether your use of any of these features and services will generate any compensation payable to you.

Submission of Your Ideas and Suggestions

While you are encouraged to share ideas and suggestions through your use of the Site, we wish to avoid any potential misunderstandings or disputes that may arise from the limited use that we or other users of the Site may make of any ideas or suggestions that you choose to share or if our content or business activities seem similar to any such ideas or suggestions.  When you share ideas or suggestions through your use of the Site (including, without limitation, ideas or suggestions for new creative work, sound recordings, musical compositions, video programming, webisodes, machinima or theatrical motion pictures) (collectively “Submissions”), you hereby grant us and our designees a worldwide, non-exclusive, sublicenseable, transferrable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, adapt, create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Submissions in any and all media and means of communication, now known or hereafter developed.  We agree that, if any Submission generates a sufficient level of popularity or mass appeal, as we may determine in our sole discretion, then we may enter into good faith negotiations with you of a royalty-bearing license agreement for exploitation of your Submission beyond the Site.  Notwithstanding the foregoing, nothing in these Terms shall impose any obligation or requirement on us to proceed with or conclude any agreement or transaction with you concerning any such Submission.  IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, PLEASE DO NO SHARE, SUBMIT OR POST ANY SUBMISSION ON OR THROUGH THE SITE.

Links to Third-Party Websites

The Site contains links to websites of third parties, including, without limitation, advertisements of third party products and services. If you use these links, you will leave the Site. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.

Linking to the Site

You agree that if you include a link from any website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Site. You may not link directly to any Site Content, by, for example and without limitation, "in-line" linking or "deep-linking" methods, or in any manner causing the Site, or any page of the Site, to be "framed," surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Site be discontinued and removed and revoke your right to link to the Site.

Warranty Disclaimers

We administer, control and operate the Site from our offices in the State of New York, the United States of America. The Site is accessible world-wide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Site and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and geographic area. Any offer for any feature or function made on the Site is void where prohibited.

The Site provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Site.

Some Site Content is provided by the users of the Site. With the exception of the limited license granted in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such Site Content. We do not independently verify the representations and warranties made by the users with respect to such Site Content.

We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Site or any of Site Content. We are not liable for any errors, omissions, or inaccurate Site Content.

THE SITE AND SITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE SITE OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE SITE OR YOUR DOWNLOADING OF THE SITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.

Limitation of Liability

EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE OR THE AR PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages and, in such states or jurisdictions, Operator and the SE Parties’ liability shall be limited to the fullest extent permitted by law.

IN NO EVENT SHALL WE OR THE AR PARTIES BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL OUR OR THE AR PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SITE DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.

Notification and Counter-Notification of Claim of Copyright Infringement

We respect the intellectual property rights of others and require our users to do the same.

To notify us of your claim of copyright infringement with respect to any Site Content, please send a written communication to our designated copyright agent:

Copyright Agent (“Operator”)
KWL Management

304 Park Avenue S, 11^th Floor

New York, NY 10010

Your notice must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving a proper notification of copyright infringement as described above, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512.

If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless our Copyright Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question.

Modification, Suspension and Termination

We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Site.

Assignment

You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

Governing Law and Jurisdiction

You agree that the laws of the United States of America and the laws of the State of New York, without regard to the principles of conflicts of laws, will govern your use of the Site, these Terms and all matters relating to your access to, and/or use of, the Site, including all disputes between you and us and/or the AR Parties. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in New York, New York, and the related appellate courts, in any related action or proceeding.

Entire Agreement

These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Site, including, without limitation, our Privacy Policy; provided, however, that these Terms shall prevail in the event of a conflict with any such other documents.

These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site and all matters relating to your access to, and/or use of, the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.

If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.

Any rights not expressly granted in these Terms are reserved to Selita Ebanks and the SE Parties.

 

PRIVACY POLICY

Our Privacy Commitment

Welcome to the Selita Ebanks online experience, including www.selitaebanks.com, and thank you for visiting our website! This website is operated by KWL Management (“Operator”) on behalf of Selita Ebanks and her affiliated entities (collectively, “we,” “us” or “our”). We respect your privacy and share your concern about its protection. This Privacy Policy (this “Policy”) explains how we may collect, use and protect information that we learn about you as a result of your interaction with us through the website on which this Policy is posted (the “Sites”) and the services provided through the Site (the “Services”).

By accessing any part of the Site or using the Services, its user (“you”) agrees with this Policy. This Policy is part of the Terms and Conditions governing your use of the Website and the Services.  Please read the Terms and Conditions of Use.   If you do not agree with any part of this Policy, please do not use the Site or the Services. 

We may change or revise this Policy at any time, for any reason and without notice. Your continued use of any of the Site or Services signifies your acceptance of any such changes or revisions. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of this Policy. You can address your questions or concerns regarding this Policy to KWL Management.

This Policy is effective as of the date set forth above and is only applicable to the Site and not to any other website that you may be able to access from any of the Site which may have its own data collection and use practices and policies.

This Policy answers the following questions:

• What is our policy on children’s privacy?
• What information do we collect about you and how do we use it?
• Will we share your personally-identifiable information with third parties?
• What choices do you have about the collection and use of your personally-identifiable information?
• What security measures do we take to safeguard your personally-identifiable information?
• How can you contact us?

What is our policy on children’s privacy?

We encourage parents and guardians to spend time online with their children and to participate in the activities offered on the Site. 

The Site is not for children under 13 years of age.  However, there are some areas of the Site that may be attractive to children under 13.  We do not condition participation by a child of any age in any activity or any of the services available on or through the Site on the disclosure of more personally-identifiable information than is reasonable necessary to participate in an activity.  We do not knowingly collect personally-identifiable information from users of the Site who are under 13 years of age.  No personally-identifiable information should be submitted to, or posted at, the Site by visitors under 13 years of age without the prior written consent of their parent or guardian.

If we receive an e-mail message from a child who discloses, or is otherwise known to us, to be under 13 years of age, we may, without the consent of the child’s parent or guardian:

• Respond to a one-time request from the child;
• Provide notice of the child’s communication to the child’s parent or guardian;
• Use this information as may be necessary to ensure the safety of the child on the Site; or
• Send our electronic periodical publications and materials, with the notification to the child’s parent or guardian and the opportunity to discontinue any future delivery of the above information.

Any parent or guardian of a child under 13 years of age who has provided personally-identifiable information to us may request a description of the personally-identifiable information that has been collected from or about that child, and either limit or restrict any further maintenance or use of such information from that child and/or direct us to delete it.  Also, a parent may decline to allow any future collection of personally-identifiable information from that child.  Such requests can be made by contacting us at info@kwlenterprises.com. We will take reasonable measures to verify that the requesting party is, in fact, the parent or guardian of the child in question before providing a child’s personally-identifiable information to such person. 

A parent may also access the personally-identifiable information that has been collected by us through accessing the “My Account” area of that parent’s child’s account by logging into the Site with that child’s account name and password.

We will not knowingly use or disclose any personally-identifiable information of a child under 13 years of age for any purpose except as described above.    

What information do we collect about you and how do we use it?

The Type of Information We Collect and How We Collect It

By accessing or using the Site, you may provide us with two types of information: (1) personally-identifiable information that you voluntarily choose to disclose to us, such as your name, address, telephone number, e-mail address and credit card information; and (2) non-personally-identifiable information, which we collect through the use of the technology called “cookies,” “web beacons” and/or “web logs.”  You do not need to submit personally-identifiable information to access certain areas of the Site, but if you do not want to disclose certain personally-identifiable information to us, you will not be able to access certain aspects of the Services.

We collect personally-identifiable information when you create an account through the Services; subscribe to our newsletter; participate in chat rooms, forums, polls, surveys, and questionnaires; participate in contests, sweepstakes, or other promotions; purchase a product through the Services; register a product that you have purchased; contact us through the “Contact Us” links on the Site, or receive customer or technical support.

To create an account for the Services, we require you to provide your name, date of birth, e-mail address, and phone number.  You will also need to create a screen name and password.  When you are purchasing products through the Services, in addition to your name, e-mail address and screen name that you choose, we will ask for your shipping and billing address and credit card, debit card or other payment information. 

Additionally, we may also collect other types of information (known as demographic information) such as your gender, hobbies and interests. This demographic information may be associated with your personally-identifiable information.

How We Use Your Personally-Identifiable Information

The personally-identifiable information you provide to us will allow us to fulfill your product or service order; alert you of new products or services, features, or enhancements; handle/route your customer service questions or issues; and/or notify you of contests, promotions, or special events and offers.  We may contact you by e-mail with respect to your order of our products or services or your account.  We also use your e-mail address to send you messages about the Services and other general announcements. 

We keep track of your interactions with us, including, but not limited to, your activity within the Services.  We may use information relating to your interactions with us to generate information about the popularity of certain Services and how users of the Site utilize different aspects of the Services (“Popularity Data”).  We may use this Popularity Data to design, develop and implement additional services and features of the Site and to improve the Services.  Popularity Data may be associated with your account and we may provide a point system in which your account earns points through the amount of Popularity Data your account has achieved.  These points may be displayed with the account information that is publicly displayed to other end users of the Site, such as when you participate in a forum in the Site, but we do not disclose the Popularity Data itself as associated with your account. 

We may use personally-identifiable information that you provide to us to send messages to you in response to your request to perform an activity in connection with your use of any of the Services. 

How We Use Your Non-Personally-Identifiable Information

Cookies

We use “cookies” to collect information, on an aggregate basis, about how the Site is used. This information may include the date and time of visits to the Site and time spent on the Site. The use of “cookies” allows us to personalize your use of the Site and to provide greater convenience each time that you visit. Additionally, advertisements that are managed by third parties which may appear on the Site use cookies. Advertisers use cookies to collect non-personal information when you click on or move your cursor over one of their banner advertisements. You may not realize this information is being collected. Advertisers use this information to monitor the performance of their advertisements. In some cases, we may have access to information from cookies used by these advertisers on the Site and this information may permit us to identify other sites that you have visited that are also associated such advertisers. 

You may choose to disable “cookies” on your computer, block all “cookies”, or receive a warning before a “cookie” is stored on your computer (please consult instructions for your web browser). However, if you disable or block “cookies,” it is possible that some parts of the Services will not be accessible to you.

Log Information 

Our servers automatically record information that your browser sends whenever you visit the Site.  This information includes your Internet Protocol address, your browser type and version which Site and/or Services you use and when and how long you use them.  We use this information to monitor and analyze how users use the Site and Services, to provide customer service and to maintain and improve the Services.

Will we share your personally-identifiable information with third parties?

Sharing of Information

We may disclose certain elements of your personally identifiable information (e.g., your name and email address) with Selita Ebanks and members of her management team for the limited purpose of enabling her to communicate directly with you about her upcoming performances, appearances, contests, sweepstakes, announcements and other special events.

We may use your personally-identifiable information to provide analyses of our users in the aggregate to prospective partners, advertisers and other third parties. We may also disclose and otherwise use, on an anonymous basis, affiliation, position, interests and other non-personally-identifiable information about customers. 

In addition, we will share the personally-identifiable information we collect from you under the following circumstances:

• Protection of rights.  We will share personally-identifiable information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the Terms and Conditions of Use for the Services, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Services, or (iv) such action is appropriate to protect our rights, property or safety or the rights, property or safety of our employees, users of the Services or others.
• Asset transfers.  If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including personally-identifiable information collected from you through your use of the Services, could be included in the transferred assets.  Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Site.
• Service Providers.  We may share your personally-identifiable information with service providers that we engage for the purpose of processing information on our and your behalf.  For example, we have partnered with other companies to sell products through the Services, fulfill product orders and process payments.  Additionally, we may partner with other companies to process consumer surveys, fulfill prizes, or to process, analyze, and/or store data.  While providing services for us, these companies may access your personally-identifiable information.  To the extent applicable, we require these entities to comply with this Policy and appropriate confidentiality and security measures. 

Additional Information You Should Know About Third Parties

This Policy does not cover the information practices of third party websites linked to any of the Site. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personally-identifiable information.  You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies. 

When you click on an advertisement or third party logo displayed on the Site that links you to a different website, this Policy no longer applies and you must read the privacy policy of the advertiser or third party to see how your personally-identifiable information will be handled on their website.

The Services may also have message boards, forums and/or chat areas, where users can exchange ideas and communicate with one another.  When you post to a message board, forum or chat area, please be aware that the information you post is made publicly available on-line and you do so at your own risk.

What choices do you have about the collection and use of your personally-identifiable information?

Control of Your Information

You may update or delete your personally-identifiable information or modify your account preferences for the Services by accessing the “My Account” area of the Services.  Please note that when you delete your account, we may retain your account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities.

Opting Out of Receiving Communications from Us

If you no longer want to receive our newsletter, e-mails or other announcements, you may unsubscribe from receiving any or all of these services by selecting “unsubscribe” in your account, writing to us at info@kwlenterprises.com or replying to the “Unsubscribe” link at the bottom of our e-mails.  Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.

Mediation

If you are a resident of a country outside of the European Union, you also agree that, in the event any dispute or claim arises out of or relating to this Policy that you will attempt in good faith to negotiate a written resolution of the matter directly with either Operator or Selita Ebanks or her affiliated entities, depending on your concern.  You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, the parties shall join in mediation services in New York, New York with a mutually agreed mediator in an attempt to resolve the dispute.  Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.

Dispute Resolution for Residents of the European Union

If you are a resident of the European Union, in the event that you have any dispute or claim arising out of or relating to this Policy, you may report your claim to the European Union Data Protection Authorities located in your jurisdiction. 

What security measures do we take to safeguard your personally-identifiable information?

The personally-identifiable information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information.  In addition, we restrict access to personally-identifiable information to our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Site and Services.  All personnel who have access to this information are trained in the maintenance and security of such information.  However, no data transmission over the Internet can be guaranteed to be completely secure, and, for this reason, we cannot ensure or warrant the security of any information that you transmit to us. You can help protect your personally-identifiable information by using a combination of letters and numbers in your password, changing your password often, using a secure web browser, and signing off when you are finished with the use of the Site on a shared computer.

 European Commission's Directive on Data Protection - Safe Harbor

We adhere to the Safe Harbor Principles that were established by the U.S. Department of Commerce in consultation with the European Commission to comply with the European Commission's Directive on Data Protection.

How can you contact us?

If you have any questions about our privacy practices or this Policy, please contact us at:

KWL Management
304 Park Avenue S, 11^th Floor
New York, NY 10010