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Terms And Conditions

Last updated: May 25, 2022

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Effect of Headings

The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.


Entire Agreement

These Agreements (i.e., this Terms of Service, along with the referenced Privacy Policy, Cookie Policy, Refund Policy, Disclaimer, and any other written agreement that governs your use of our Site and/or Service) constitute the entire agreement between you and the Company with respect to the Site and/or Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site and/or Service.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.dianuhaerin.com website (the "Service") operated by Dianuhaerin ("us", "we", or "our") / Dekke LLC Dianuh Aerin D/B/A. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

 

Use of the Site and Service

To access or use the Site and/or Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Site and/or Service.

 

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Dianuh Aerin.

 

Lawful Purposes

You may use the Site and/or Service for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Site and/or Service and to purchase services or products for legitimate purposes only. You shall not post or transmit through the Site and/or Service any material which violates or infringes the rights of others, 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.


Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
 

Availability, Errors And Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
 

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Dianuh Aerin and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Chasing Linen.

All content is the intellectual property of Dekke LLC Dianuh Aerin D/B/A and is protected by copyright laws.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Dianuh Aerin.

Dianuh Aerin has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Dianuh Aerin 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
 

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
 

Indemnification

You agree to defend, indemnify and hold harmless Dianuh Aerin and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
 

Limitation Of Liability

In no event shall Dianuh Aerin, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

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Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Dianuh Aerin its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

To read more about our Disclaimer, click here.

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Affiliate Links

From time to time, Dianuh Aerin may include affiliate links on its Site and/or Service. This means that if you purchase an item using an affiliate link, we may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.


Waiver

Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor 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 an authorized representative of the Company.


Severability

If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.

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E-course Terms & Acknowledgement

The term “course” or "e-course” includes the e-course Web Pages (including those hosted by third-parties), courses, private Facebook community content, and all associated materials.


E-Course Access & Privacy

To access and participate in any of Dianuh Aerin's online e-courses, you attest that you have read and agree to the E-course Terms & Acknowledgement.

Only e-course Members have access to e-course content. Members of Dianuh Aerin’s e-courses may not share, give or sell e-course content, materials, or their Member password or username to any other person or entity.

You also acknowledge and accept that Dianuh Aerin cannot be held responsible for any technical problems encountered following the purchase of the course. By registering, you accept, agree and understand you are responsible for your own results and progress, and no warranties or guarantees are offered verbally or in writing regarding the results.


E-Course Materials

All e-courses and materials, along with references used in or related to the e-courses, are the property of Dianuh Aerin or of third parties noted and used under permission granted to Dianuh Aerin and may only be used in the manner detailed in this E-course Terms & Acknowledgement. Permission to use the material in any other way must be obtained in writing from Chasing Linen and/or the publisher or author of the material. These materials are for the sole use of individuals registered for the e-course, or others as approved by Chasing Linen.

As an e-course registrant, you may view and read all materials that are part of the e-course facility. You may also print any or all screen and pdf file pages for your personal use in taking the e-course, but you may not share, communicate, publish or in any manner distribute to other parties the e-course content, references, links or any other materials.


E-Course Derivative Works

You agree also that all content of this course is fully protected by copyright and intellectual property law, and cannot be disseminated in any format, shared, taught, or distributed.

Copyright law protects original, creative works of authorship such as works of art and paintings—among other things. By purchasing an e-course from Dianuh Aerin, you agree that you will not copy, reproduce, alter, modify, create derivative works or publicly display any content from the Dianuh Aerin’s e-courses without the prior expressed written permission of Chasing Linen.

If you choose to go out and teach your own course, please do not copy and share information learned in this e-course with your students. Make your lessons you own, develop your own techniques, and design a workshop that is solely your own. If you go on to sell the art that has been created in this e-course, I trust that it will be your unique and original piece - not a replica of the art I demonstrated in the e-course.


E-Course Timespan

The e-course Watercolor Portrait Course is designed to be completed within approximately 4 weeks, however, ultimately you are responsible for completing the e-course on your own time. Once you purchase an e-course from Dianuh Aerin, you have lifetime access to the e-course for as long as it exists, making it easy to go back and review content over and over again.


E-Course Management System Access

You agree that you will not use any robot, spider or other device, process or means to access Dianuh Aerin’s e-courses. Nor shall you use any process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not compromise or circumvent the security controls of Dianuh Aerin’s e-courses or otherwise gain unauthorized access to Dianuh Aerins e-courses. You agree that you will not use any device, software or routine that interferes with the proper working of the Dianuh Aerin’s e-courses or nor shall you attempt to interfere with the proper working of the Dianuh Aerin’s e-courses. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.


E-Course Attestation

Dianuh Aerin may deny access of e-courses to any individual who does not agree to the terms and conditions contained in this E-course Terms & Acknowledgement. Further, Dianuh Aerin reserves the right to terminate access to any individual who does not abide by the full terms and conditions listed on this page, as well as our Privacy Policy and Disclaimer.


E-Course Terms & Acknowledgement Violation Policy

Registrants are deemed and presumed to be aware of and familiar with this E-course Terms & Acknowledgement. Violation of Terms and Conditions will result in e-course termination and possible legal action.


E-Course Member Conduct

Members may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Dianuh Aerin is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, Dianuh Aerin will submit all necessary information to relevant authorities.

If any Member Content is reported to Dianuh Aerin as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Dianuh Aerin. If the Member fails to meet such a request, Dianuh Aerin has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member.

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect all copyright and trademark laws.

You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.


AS A MEMBER, YOU AGREE NOT TO USE OUR SERVICES TO DO ANY OF THE FOLLOWING:

Upload, post, or otherwise transmit any Member Content that:

  1. Violates any local, state, federal, or international laws

  2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party

  3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable

  4. Links directly or indirectly to any materials to which you do not have a right to link

  5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers

  6. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services

  7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation

  8. In the sole judgment of Dianuh Aerin is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Dianuh Aerin, our affiliates, or our Users to any harm or liability of any type

Use our Content to:

  1. Develop a competing website

  2. Create compilations or derivative works as defined under United States copyright laws

  3. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism

  4. Decompile, disassemble, or reverse engineer our Website, Services, and any related software

  5. Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws


E-Course Use of Information

You grant Dianuh Aerin a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our Website, you are granting Dianuh Aerin, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content in connection with the operation of the business of Dianuh Aerin, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website or Service, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.


E-Course Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.


E-Course Linking to Our Website

You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.


E-Course Links to Other Websites

Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. Dianuh Aerin has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.


E-Course Payments

You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment. Please refer to our Refund Policy here if you have question about Refund Terms.


E-Course Termination of Membership

Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.


E-Course Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site and/or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.


E-Course Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.


E-Course Dispute Resolution

We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service, by taking the matter to federal or state courts located in Long Beach, CA. If any court action is necessary to enforce this Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.


E-Course Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

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Contact Us

If you have any questions about these Terms, please contact us by emailing hello@dianuhaerin.com.

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