This Privacy Policy Is Designed To Explain How BrilliantistaStudio.com, Brilliantista.com, Brilliantista Studio LLC, and Brilliantista LLC (“Company”, "We," "Us," And "Our") Or Any Of Our Members Associated With Our Company Collect, Use, Share, And Protect The Personal Information You Provide To Us When You Access Our Website, Purchase Our Goods Or Services, Or Engage With Us On Social Media, As Well As Your Own Rights To The Information We Collect.
TYPES OF INFORMATION WE COLLECT
We Collect A Variety Of Information From You When You Visit Our Website, Make Purchases, Or Interact With Us On Social Media. By Accepting This Privacy Policy, You Are Specifically Consenting To Our Collection Of The Data Described Below, To Our Use Of The Data, To The Processing Of This Data, And To Our Sharing Of The Data With Third-Party Processors As Needed For Our Legitimate Business Interests. The Information We Collect May Include:
- Personal Data: Personal Data Is Information That Can Be Used To Identify You Specifically, Including Your Name, Shipping Address, Email Address, Telephone Number, Or Demographic Information Like Your Age, Gender, Or Hometown. You Consent To Giving Us This Information By Providing It To Us Voluntarily On Our Website Or Any Mobile Application. You Provide Some Of This Information When You Register With Or Make Purchases From Our Website. Your Decision To Disclose This Data Is Entirely Voluntary. You Are Under No Obligation To Provide This Information, But Your Refusal May Prevent You From Accessing Certain Benefits From Our Website Or From Making Purchases.
- Financial Data: Financial Data Is Data That Is Related To Your Payment Method, Such As Credit Card Or Bank Transfer Details. We Collect Financial Data In Order To Allow You To Purchase, Order, Return Or Exchange Products Or Services From Our Website And Any Related Mobile Apps. We Store Limited Financial Data. Most Financial Data Is Transferred To Our Payment Processors And You Should Review These Processors’ Privacy Policy To Determine How They Use, Disclose And Protect Your Financial Data.
- Social Networking Data: We May Access Personal Information From Social Networking Sites And Apps, Including Facebook, Instagram, Linkedin, Twitter, Snapchat Or Other Social Networking Sites Or Apps Not Named Specifically Here, Which May Include Your Name, Your Social Network Username, Location, Email Address, Age, Gender, Profile Picture And Any Other Public Information. If You Do Not Want Us To Access This Information, Please Go To The Specific Social Networking Site And Change Your Privacy Settings.
HOW WE USE YOUR INFORMATION
Your Information Allows Us To Offer You Certain Products And Services, Including The Use Of Our Website, To Fulfill Our Obligations To You, To Customize Your Interaction With Our Company And Our Website, And To Allow Us To Suggest Other Products And Services We Think Might Interest You.
Specifically, We May Use The Information And Data Described Above To:
- Create And Administer Your Account; And
- Deliver Any Products Or Services Purchased By You To You; And
- Correspond With You; And
- Process Payments Or Refunds; And
- Contact You About New Offerings That We Think You Will Be Interested In; And
- Interact With You Via Social Media; And
- Send You A Newsletter Or Other Updates About Our Company Or Website; And
- Deliver Targeted Advertising; And
- Request Feedback From You; And
- Generate A Profile That Is Personalized To You, So That Future Interactions With Our Website Will Be More Personal; And
- Assist Law Enforcement As Necessary; And
- Prevent Fraudulent Activity On Our Website Or Mobile App; And
- Analyze Trends To Improve Our Website And Offerings.
WEBSITE ANALYTICS
We May Partner With Third-Party Analytic Companies, Like Google Analytics. The Analytic Companies May Also Use Cookies Or Other Tracking Technologies To Analyze Visitors’ Use Of Our Website Or Mobile App To Determine The Popularity Of The Content, And Better Understand Online Activity. We Do Not Transfer Personal Information To These Third-Party Vendors. However, In Order To Access Our Website, You Must Consent To The Collection And Use Of Your Information By These Third Party Analytic Companies. You Should Review Google Analytics’ Privacy Policy And Contact Them Directly If You Have Questions.
PROCESS YOUR INFORMATION
For The Most Part, We Do Not Process Your Information In-House But Give It To Third Party Processors For Processing. For Example, When Stripe Takes Your Payment Information, They Are A Third Party Processor. They Process Your Payment And Remit The Funds To Us. So In Many Instances, It Will Be Necessary For Us To Transmit Your Information To A Third Party Processor, As We Do Not Have The Capability To Perform These Functions. More Detail On Third Party Processing Is Provided Below.
However, We May, From Time To Time, Process Your Data Internally. The Legal Basis For This Processing Is Both Your Consent To The Processing, And Our Need To Conduct Our Legitimate Business Interests. Our Purposes In Processing This Information, If We Do, Is To Administer, Maintain, And Improve Our Website And Offerings, To Enter Into Contracts With You, To Fulfill The Terms Of Those Contracts, To Keep Records Of Our Transactions And Interactions, To Be Able To Provide You With Goods And Services, To Comply With Our Legal Obligations, To Obtain Professional Advice, And To Protect The Rights And Interests Of Our Company, Our Customers (Including You), And Any Third Parties. We May Process The Following Data:
- Data Associated With Your Account, Such As Your Name, Address, Email Address, And Payment Information.
- Data About Your Usage Of Our Website, Such As Your IP Address, Geographical Information, And How Long You Accessed Our Website And What You Viewed.
- Data Related To Your Personal Profile, Such As Your Name, Address, Profile Picture, Interests, And Hobbies, Or Employment Details.
- Data That You Provide Us In The Course Of Using Our Services.
- Data That You Post On Our Website, Such As Comments Or Responses To Blogs.
- Data That You Submit To Us When You Make An Inquiry Regarding Our Website Or Offerings.
- Data Related To Your Transactions With Us, Including Your Purchase Of Our Goods Or Services. This Information May Include Contact Details And Payment Information.
- Data That You Provide To Us When You Subscribe To Our Emails Or Newsletters, Including Your Email Address And Contact Information.
- Data That You Submit To Us Via Correspondence, Such As When You Email Us With Questions.
Any Other Data Identified In This Policy, For The Purpose Of Complying With Our Legal Obligations, Or To Protect The Vital Interests Of You Or Any Other Natural Person.
DATA RETENTION
We Retain Personal Data As Long As It Is Needed To To Conduct Our Legitimate Business Purposes Or To Comply With Our Legal Obligations, Or Until You Ask Us To Delete Your Data. For Example, We Will Retain Certain Personal Information Indefinitely For The Purposes Of Maintaining Your Account, Unless And Until You Delete Your Account. Data That We Gather For A Specific And Particular Purpose, Such As Assisting Law Enforcement Or Analyzing Trends, Will Not Be Kept For Longer Than Is Necessary For That Particular Purpose. Data That Is No Longer Needed By Us For Any Of The Purposes Listed Above Will Be Permanently Deleted.
You May Request That We Delete Your Data At Any Time. However, Note That We Cannot Control The Retention Policies Of Third Parties. If You Wish To Have Any Third Parties, Including Those To Whom We’ve Transmitted Your Data, Delete That Data, You Will Need To Contact Those Third Parties Directly. You May Request From Us A List Of All Third Parties To Whom We Have Transmitted Your Data.
SECURITY OF YOUR INFORMATION
We Take All Reasonable Steps To Protect Your Personal Data And Keep Your Information Secure. We Use Recognized Online Secure Payment Systems And Implement Generally Accepted Standards Of Security To Protect Against Personal Data Loss Or Misuse. However, No Security Measure Is Foolproof, And No Method Of Data Transmission Can Be Guaranteed Against Interception Or Misuse. We Cannot Guarantee Complete Security Of Any Information You Transmit To Us.
By Consent To This Privacy Policy, You Acknowledge That Your Personal Data May Be Available, Via The Internet, Around The World. We Cannot Prevent The Use Or Misuse Of Your Data By Other Parties.
We Will Notify You Of Promptly Any Known Breach Of Our Security Systems Or Your Data Which Might Expose You To Serious Risk.
RIGHTS TO YOUR PERSONAL DATA
You Have Certain Rights With Respect To Your Personal Data, As Outlined Below. Note That We May Charge You A Reasonable Fee For Actions That You Ask Us To Take With Respect To Your Data. In Addition, We Reserve The Right To Request That You Provide Us With Evidence Of Your Identity Before We Take Any Action With Respect To The Exercise Of Your Data Rights. Further, Your Rights May Be Restricted Or Nullified To The Extent They Conflict With Our Compelling Business Interests, The Public Interest, Or The Law. To Exercise Any Of The Rights Outlined Below, Please Contact Us At Hello@Sharikuster.Com.
- Update Account Information: You Have The Right To Update, Change Or Delete Any Information You Have Provided To Us.
- Confirm Personal Data And Its Use: You Have The Right To Request That We Confirm What Data We Hold About You, And For What Purposes. You Also Have The Right To Confirm Whether We Process Your Data Or Deliver Your Data To Third Party Processors, And For What Purposes. We Will Supply You With Copies Of Your Personal Data Unless Doing So Would Affect The Rights And Freedoms Of Others.
- Change Consent: You Have The Right To Change Your Consent To Our Use Of Your Information. In Such Cases, We May Require You To Delete Your Account With Us, And You May Not Have Full Access To Our Website.
- Request A Copy Of Data: You Have The Right To Request A Digital Copy Of The Data That We Hold About You. Your First Request For A Copy Of Your Personal Data Will Be Provided Free Of Charge; Subsequent Requests Will Incur A Reasonable Fee.
- Transfer Your Data: You Have The Right To Request That We Gather And Transfer Your Data To Another Controller, In A Commonly Used And Machine-Readable Format, Unless Doing So Would Cause Us An Undue Burden.
- Delete All Data: You Have The Right To Request That We Delete All Data That We Hold About You, And We Must Delete Such Data Without Undue Delay. There Are Exceptions To This Right, Such As When Keeping Your Data Is Required By Law, Is Necessary To Exercise The Right Of Freedom Of Expression And Information, Is Required For Compliance With A Legal Obligation, Or Is Necessary For The Exercise Or Defense Of Legal Claims. Such A Request May Result In A Termination Of Your Account With Us And You May Have Limited Or No Use Of Our Website.
- Emails And Communications: You May Opt Out Of Receiving Future Email Correspondence From Us By Checking The Appropriate Box When You Register For The Account Or Make A Purchase. You May Change Your Communication Settings By Contacting Us At Hello@Sharikuster.Com.
- Processing: You May, In Some Circumstances Restrict The Processing Of Your Data, Such As When You Contest The Accuracy Of Your Data Or When You Have Objected To Processing, Pending The Verification Of That Objection. When Processing Has Been Restricted, We Will Continue To Store Your Data But Will Not Pass It On To Third Party Processors Without Your Consent, Or As Necessary To Comply With Legal Obligations Or Protect Your Rights Or Those Of Others Or Our Company. In Addition, You May Opt Out Of Any Processing Of Your Data Altogether. Note However That Doing So May Result In The Termination Of Your Account And Loss Of Access To Our Website.
- Complaints: You Have The Right To Complain To A Supervising Authority If You Believe We Are Misusing Your Data Or Have Violated Any Of Your Rights Under This Privacy Policy Or Applicable Law.
COOKIE POLICY
Cookies Are Small Files That A Site Or Its Service Provider Transfers To Your Computer’s Hard Drive Through Your Web Browser (If You Allow) That Enables The Site’s Or Service Provider’s Systems To Recognize Your Browser And Capture And Remember Certain Information. For Instance, We Use Cookies To Help Us Remember And Process The Items In Your Shopping Cart. They Are Also Used To Help Us Understand Your Preferences Based On Previous Or Current Site Activity, Which Enables Us To Provide You With Improved Services. We Also Use Cookies To Help Us Compile Aggregate Data About Site Traffic And Site Interaction So That We Can Offer Better Site Experiences And Tools In The Future.
You Can Choose To Have Your Computer Warn You Each Time A Cookie Is Being Sent, Or You Can Choose To Turn Off All Cookies. You Do This Through Your Browser Settings. Each Browser Is A Little Different, So Look At Your Browser’s Help Menu To Learn The Correct Way To Modify Your Cookies.
If you disable cookies, some features will be disabled. It will turn off some of the features that make your site experience more efficient and some of our services will not function properly.
Last Updated... april 12, 2021
Welcome! These Terms And Conditions Govern Your Use Of This Website, https://wwwbrilliantista.Com and/or https://www.brilliantistastudio.com ("Site"), and/or The Online Programs On Programs.brilliantista.Com and/or programs.brilliantistastudio.com ("Programs") as well as govern your access to use of the Services on the Site (“Services”).
By Using This Site, Programs, Services, and/or Any Information On It, Including But Not Limited To Blogs, Videos, Audios, Social Media Posts, Emails, Products, Services, You Acknowledge That You Have Read And Accept and Agree To The Terms and Conditions in full and without reservation as Set Forth By Brilliantista Studio LLC, and Brilliantista LLC (“Company”, "We," "Us," And "Our") Or Any Of Our Members Associated With Our Company. If You Do Not Agree With These Terms and Conditions, you must not use this site and must not have access to the Programs and/or Services As Described Herein.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND BRILLIANTISTA LLC AND/OR BRILLIANTISTA STUDIO LLC. BY USING THIS SITE AND THE RELATED SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS.
THESE TERMS LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT.
You must be at least 18 [eighteen] years of age to use this Site. By using this Site you represent that you are at least 18 [eighteen] years of age.
LICENSE TO USE WEBSITE
This Site primarily operates as a(n) for-profit business website. Subject to these Terms, you are granted a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the Site. You must use this license only in the manner permitted by these Terms for the sole purpose of using and enjoying the benefit of the Services provided by the Site.
Unless Otherwise Stated, the Site and/Or Its Licensors Own The Intellectual Property Rights Published On This Site And Materials Used On the Site And Programs Subject To The License Below, All These Intellectual Property Rights Are Reserved.
You May View, Download For Caching Purposes Only, And Print Pages, Files Or Other Content From The Site, Services And Programs For Your Own Personal Use, Subject To The Restrictions Set Out Below And Elsewhere In These Terms And Conditions.
With Respect To the Site and/or Services And/or Programs, You Must Not:
- Republish Material In Neither Print Nor Digital Media Or Documents (Including Republication On Another Website Or Platform);
- Sell, Rent Or Sub-License Material;
- Show Any Material In Public;
- Reproduce, Duplicate, Copy Or Otherwise Exploit Material For A Commercial Purpose;
- Edit Or Otherwise Modify Any Material;
- Redistribute Material – Except For Content Specifically And Expressly Made Available For Redistribution; Or
- Republish Or Reproduce Any Part Through The Use Of Iframes Or Screenscrapers.
Where Content Is Specifically Made Available For Redistribution, It May Only Be Redistributed Within Your Organization.
RESTRICTED ACCESS
Access To Certain Areas Of This Site, Services, And The Programs Are Restricted. The Site, Services, and/or Programs Reserves The Right To Restrict Access To Certain Areas Of This Site, Services Or Programs, Or At Our Discretion, This Entire Site, Services, Or Programs. The Site, Services, and/or Programs May Change Or Modify This Policy Without Notice.
If the Site, Services, and/or Programs Provides You With A User ID And Password To Enable You To Access Restricted Areas Of This Site Or Course Or Other Content Or Services, You Must Ensure That The User ID And Password Are Kept Confidential. You Alone Are Responsible For Your Password And User ID Security.
the Site, Services, and/or Programs May Disable Your User ID And Password At the Site’s Sole Discretion Without Notice Or Explanation.
ASSUMPTION OF RISK
You Expressly Agree That The Use Of This Website Is Done At Your Own Risk. The Information Published On This Website Is For Informational Purposes Only. Any Reliance You Place On Such, You Do At Your Own Risk. You Understand That While Great Care Is Taken To Provide You With The Best Information Possible We Make No Representations Or Warranties Of Any Kind, Express Or Implied, About The Reliability, Accuracy, Completeness, Security, Or Currency Of The Information Provided.
INFORMATIONAL PURPOSES ONLY
The Information Presented In This Website Is Intended To Be For Your Educational, Informational And/Or Entertainment Purposes Only. We Are Not Presenting You With A Business Opportunity. We Are Not Presenting You With A Partnership. We Are Not Making Any Claims As To Income You May Earn. We Are Not Presenting You With An Opportunity To getting Rich.
In No Way Is The Information Provided Meant To Be A Substitute For Professional Legal Or Financial Advice. If You Require Legal Or Financial Services, It Is Your Responsibility To Seek It Out From A Licensed Attorney Or Financial Services Professional. In No Way Is The Information Provided Meant To Be A Substitute For Medical Or Psychological Advice.
ADVERTISEMENTS
The Services provided may include advertisements, some of which may be targeted based on the type of information on the Site, queries made, or other information, whether submitted by you or others. The types and amount of advertising on the Site or through the Services are subject to change.
EARNINGS DISCLAIMER
The Information Published On This Website Regarding Wealth, Abundance, Income, Earnings, Business Profits Or Personal Financial Status Is For Informational Purposes Only. The Information May Provide Real-Life Examples And/Or Hypothetical Examples Of Possible Outcomes, Which Are In No Way Guarantees Of What Will Occur In Your Specific Situation. Where Income Figures Are Mentioned (If Any), Those Income Figures Are Anecdotal Information Passed On To Us Concerning The Results Achieved By The Individual Sharing The Information. We Have Performed No Independent Verification Of The Statements Made By Those Individuals. Please Do Not Construe Any Statement In This Website As A Claim Or Representation Of Average Earnings. There Are NO Average Earnings. Testimonials And Statements Of Individuals Are Not To Be Construed As Claims Or Representations Of Average Earnings. As You Know, Financial Outcomes Depend On Many Factors Including But Not Limited To Your Level Of Personal Responsibility, Commitment, And Abilities, In Addition To Those Factors That You And/Or Our Company May Not Be Able To Anticipate. You Agree That Our Company Is Not Responsible For Your Success, Or Lack. Your Reliance On Any Information Provided Is Done At Your Own Risk.
COOKIES
This website uses cookies. Cookies store information related to visitors' preferences, browser type, and other information in order to optimize their experiences. By using this Site you acknowledge your understanding of and consent to Brilliantista LLC and/or Brilliantista Studio LLC's use of cookies. You may delete cookies already on your computer by consulting the instructions for your file management software. You may also disable future cookies in your browser settings. Please note, however, that disabling cookies may prevent or impair your ability to access and fully make use of certain Services and areas of the Site.
You also acknowledge that websites such as Google and other third-party vendors to our Site may use DART cookies to provide add-ons to our Site based upon visitors visiting our Site and other websites. Visitors may decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL: http://www.google.com/privacy_ads.html.
ACCEPTABLE USE POLICY
By using this Site you agree to use the Services in compliance with these Terms and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. We are based in Colorado, United States. This Site is meant for use by persons within the United States. It may be illegal for certain persons to use the Site in some countries. We make no claim that the Site will be legal or accessible outside of the United States. Subject to these Terms, you may view, print, and use our content and Services as permitted on the Site and only for your own personal, non-commercial use. You further agree and acknowledge that your use of this Site and the Services results in you sending electronic interstate transmissions through our computer network, and such transmissions may include but are not limited to, any searches, file uploads, posts, instant messages, or emails.
You Must Not Use This Site And/Or Courses, In Any Way That Causes, Or May Cause, Damage To Availability Or Accessibility Of the Site And Programs In Any Way Which Is Unlawful, Illegal, Fraudulent Or Harmful, Or In Connection With Any Unlawful, Illegal, Fraudulent Or Harmful Purpose Or Activity.
You Must Not Use This Site, Services, and/or Programs For Any Purposes Related To Marketing Without The Express Written Consent of Brilliantista LLC or Brilliantista Studio LLC.
You Must Not Conduct Any Systematic Or Automated Data Collection Activities On Or In Relation To This Site, Services Or Programs Without the written consent of Brilliantista LLC or Brilliantista Studio LLC
The following uses of the Site are prohibited unless we have intended to provide you with access or have provided you express written permission to the contrary:
a. Using the Site in a manner that causes, or may cause, damage to the Site or in a way that impairs visitors' abilities to access or use the Site and Services, including using the Site in a manner or for a purpose that is unlawful or fraudulent;
b. Using the Site in order to copy, store, upload, publish, use, transmit, host, or distribute anything consisting of or linked to any computer virus, spyware, rootkit, worm, keystroke logger, or other malicious computer software or software that may destroy, damage, or alter a computer system;
c. Conducting any systematic or automated data collection on or related to the Site or its users without their consent, including, without limitation, data mining, data extraction, scraping, data harvesting, "framing," or article "spinning";
d. Using the Site to collect, harvest, or compile information or data regarding other users of the Site without their consent;
e. Using software or automated agents or scripts to generate automated searches, requests, or queries on the Site or to mine data from the Site, provided, however, that operators of public search engines have our revocable permission to copy materials from the Site for the sole purpose of and only to the extent necessary for creating public search indices, but not caches or archives of such materials, according to the parameters in our robots.txt file;
f. Transmitting or sending unsolicited communications, commercial or otherwise, or conducting any marketing activities, including using the Site to send spam, pyramid schemes, or chain letters;
g. Republishing (including on another website), duplicating, copying, redistributing, selling, leasing, transferring, hosting, renting, or licensing any part of the Site or otherwise commercially exploiting content, whether in whole or in part, on the Site;
h. Editing, modifying, making derivative works of, reverse engineering, or reverse compiling any information, content, systems, or Services on the Site;
i. Accessing the Site in order to create a similar or competitive business, product, service, or website;
j. Collecting, transmitting, distributing, uploading, or displaying any content or otherwise using the Site in a manner that (i) violates the rights of any third party, including any intellectual property rights or rights to privacy, (ii) is unlawful, tortious, threatening, vulgar, defamatory or libelous, pornographic, obscene, patently offensive, racist, or promotes physical harm or injury, (iii) causes or may cause harm to minors in any way, or (iv) impersonates another individual or organization or otherwise misrepresents an affiliation with another person or entity without permission;
k. Interfering with, disrupting, or overburdening servers or networks connected to the Site;
l. Gaining or attempting to gain unauthorized access by any means to any part of the Site or to computers or networks connected to the Site; and
m. Harassing, stalking, harming, or otherwise interfering with or negatively affecting another user's normal use and enjoyment of the Site.
INTERNATIONAL USE AND COMPLIANCE
Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Site complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Site. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through us, the Site, or the Services in violation of such export or import laws, including, but not limited to, the United States Export Administration Regulations (EAR) and the various United States sanctions programs.
MINORS
We do not knowingly collect personal information or data from visitors under 18 years of age. You may not use this site if you are under the age of 18 [eighteen].
TESTIMONIALS
Any Testimonials Provided On This Website Are Opinions Of Those Providing Them. The Information Provided In The Testimonials Is Not To Be Relied Upon To Predict Results In Your Specific Situation. Success In Any Endeavor Is Based On Many Factors Individual To You. The Results You Experience Will Be Dependent On Many Factors Including But Not Limited To Your Educational Background, Your Skills, Your Prior Experience, Your Level Of Personal Responsibility, Your Commitment, Or The Time You Can And Will Devote To The Endeavor, In Addition To Those Factors That You And/Or Our Company May Not Be Able To Anticipate. Please Perform Your Own Due Diligence Before Embarking On Any Course Of Action. There Are Risks In Any Endeavor That Are Not Suitable For Everyone. If You Use Capital, Only “Risk” Capital Should Be Used. Follow The Advice Of Your Personal Qualified Advisors.
USER ACCOUNTS
Visitors to the Site are permitted to create user accounts or profiles. Upon registering for our Services, you are considered a "Member" of the Site. You represent that all information you submit when creating an account is true and accurate, and you promise to update and maintain the accuracy of this information at all times. Each Member is the sole authorized user of his or her account. Members are responsible for keeping their passwords and account access information confidential. Therefore, you should take measures to restrict access to your account and to any devices from which you access your account. As a Member, you are responsible for all activities that occur under your account, and you acknowledge that Brilliantista LLC and/or Brilliantista Studio LLC is not responsible for unauthorized access to your account that results from theft or misappropriation of your account or password. Members are prohibited from assigning or otherwise transferring their accounts and passwords to others. You must notify us immediately if you know of or suspect that an unauthorized use or other breaches of security of your account or the Site has occurred. We may not be held liable for any loss or damage that may arise from your failure to maintain the security of your account. You may delete your account at any time and for any reason by following the instructions on the Site. We retain the right to suspend or terminate your account at any time and for any reason, as further detailed below.
USER CONTENT
"User Content" means any material that you or other visitors submit or transmit in any manner to the Site for any purpose, whether publicly posted or privately transmitted, and includes, but is not limited to, any text, images, audio material, video material, and audio-visual material. This Site and the Services it provides may include multiple ways of submitting User Content, including, for example, through the use of forums, chats, online bulletin boards, and similar tools that allow visitors to communicate with others or submit content. Unless we indicate that particular User Content you submit will be kept confidential, your User Content may be made available for other visitors to view on the Site or through third-party services. You hereby represent and warrant that the User Content you submit does not violate our Acceptable Use Policy stated herein.
You are prohibited from submitting any User Content that is illegal, unlawful, or infringes on the legal rights of any third party. Furthermore, you may not submit User Content that has ever been the subject of any actual or threatened legal proceedings or any User Content that may give rise to legal action under any applicable law, whether against you, us, or a third party.
You agree that you are solely responsible for any consequences that may result from submitting User Content, including use of the User Content by other visitors of the Site and by our third-party partners. Unless we indicate that particular User Content you submit will be kept confidential, your User Content may be distributed, published, broadcast, or syndicated by us or our third-party partners. You may be subject to liability if you submit User Content without the authority to do so.
We do not monitor the submission or publication of User Content on the Site and are not responsible for the User Content. We do not endorse or support any User Content or the opinions contained therein and do not guarantee the truthfulness, accuracy, suitability, or reliability of any User Content or other communications submitted or published on the Site. You agree that we are not responsible for any loss or damage you may incur as a result of interacting with others on the Site, and we are under no obligation to become involved in any such disputes. You may not represent that we have provided, endorsed, or supported the User Content you submit. Your use or reliance on any User Content is at your own risk. You assume all risks associated with the User Content you submit, including any reliance on the User Content and the risk of disclosure of the User Content that may identify you personally to a third party. You understand and accept that by using the Services or Site you may be exposed to User Content that is offensive, inaccurate, deceptive, harmful, or otherwise inappropriate.
User Content may be subject to specific rules and limitations we post or communicate to you from time to time. You agree to only submit User Content conforming to such rules and limitations.
We may remove, edit, or delete any User Content submitted, hosted, or stored on the Site or our servers without providing you with prior notice. We are not obligated to store or back up any User Content. Therefore, you are responsible for creating backup copies of any User Content you wish to keep.
Under no circumstances may Brilliantista LLC and/or Brilliantista Studio LLC be held liable in any way for any User Content, including, but not limited to, for any errors or omissions in the User Content or for any loss or damage of any kind that may occur as a result of any User Content submitted, published, or otherwise made available on the Site, Services, or elsewhere.
USER CONTENT LICENSE
By submitting User Content you grant Brilliantista LLC and/or Brilliantista Studio LLC an irrevocable, non-exclusive, royalty-free and fully-paid, worldwide license (with the right to sublicense) to use, publish, copy, adapt, modify, process, reproduce, transmit, distribute, translate, publicly and privately display and perform, incorporate into other works, prepare derivative works of, bring actions for infringement of, and otherwise use and exploit your User Content in any and all media or distribution methods now known or later developed. This license includes the right to provide the User Content to our third-party partners for distribution, publication, syndication, and broadcast on other media, devices, and services subject to our terms and conditions for the use of such User Content. Furthermore, you irrevocably waive any claims of moral rights or attribution regarding your User Content. You represent and warrant that you have all rights, power, and authority to grant all the rights pertaining to User Content as stated in these Terms.
This means that you will always maintain ownership of the User Content you submit. However, we have the right to display the User Content and make various changes to it as are necessary in providing our Services and to conform to the needs of different media, devices, services, and computer networks. At no time will you be entitled to any compensation for this license.
ENFORCEMENT OF ACCEPTABLE USE POLICY
We reserve the right to review and investigate your use of the Site and to take any appropriate action against you that we determine is necessary in our sole discretion should you violate these Terms or otherwise create liability, loss, or damage for us, our Site visitors, or a third party. Such action may include, but is not limited to, restricting your account privileges or terminating your account, initiating proceedings to recover any losses and reporting you to law enforcement authorities.
THIRD-PARTY RESOURCES
The Site may contain links and advertisements to third-party websites and services (collectively, "Third-Party Resources"). You agree and acknowledge that Third-Party Resources are not under our control and we are not responsible for the content, products, or services they provide. We provide access to Third-Party Resources only as a convenience to you and do not monitor, endorse, warrant, or make any representations regarding Third-Party Resources. It is your sole responsibility to exercise appropriate caution and discretion when using Third-Party Resources, and you acknowledge that you assume all risks that arise from such use.
MODIFICATION OF SITE
We reserve the right to modify, add to, suspend, or terminate all or part of the Site, Services, or Programs at any time with or without providing prior notice to you. This includes the right to create limits on our visitors' use of Services and data storage. You agree that we are not liable for using or enforcing the rights stated in this paragraph. Unless we indicate otherwise, any future modifications to the Site are subject to these Terms.
SUPPORT OR MAINTENANCE
Although we may choose to provide customer support or website maintenance, you acknowledge and agree that we are under no obligation to do so.
RESTRICTED ACCESS
Some parts of the Site may be restricted to certain visitors. If you have permission to access restricted parts of the Site, you agree to not share your access information and password with third parties. We may change the restricted parts of the Site from time to time. If you do not have access to restricted parts of the Site, you agree not to use another user's account to gain such access or otherwise attempt to gain improper access to the restricted parts of the Site.
PRIVACY
We manage the collection, use, and security of your personal information according to our Privacy Policy, incorporated herein by reference. By using this Site you consent to our collection and use of your personal information as set forth in the Privacy Policy.
At times we may need to send you communications related to the Site, Programs or Services. Such communications are considered part of the Programs and Services, and you may not be able to opt-out of receiving them.
We reserve the right to access and disclose the information and User Content you submit to the Site if required to do so by law or if we have a reasonable, good-faith belief that doing so is necessary for (i) responding to requests for customer service, (ii) addressing fraud, security, or technical issues, (iii) protecting the rights, property, and safety of Brilliantista LLC and Brilliantista Studio LLC, its users, and the public, (iv) responding to legal claims and processes, or (v) enforcing these Terms, including investigating potential violations.
RIGHTS AND OWNERSHIP
Unless otherwise stated, Brilliantista LLC and/or Brilliantista Studio LLC and its permitted licensors own all intellectual property rights in the Site and its contents, excluding User Content. These rights include but are not limited to, ownership of all text, graphics, images, logos, copyrighted material, trademarks, patents, software, and other distinctive brand features displayed on the Site, Services, or Programs, including the compilation of any of the foregoing items. Except for the limited rights granted by these Terms, neither these Terms nor your use or access to the Site give you or any third party any intellectual property rights. We reserve all rights not explicitly granted by these Terms, which do not grant any implied licenses. All copyrights, trademarks, and other intellectual property notices on the Site, Services, or Programs must be retained on all copies thereof. You may not publish, reverse engineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use or exploit for any commercial reason, whether in whole or in part, any of the content on the Site, Services, or Programs other than your own User Content without our express prior written consent or the consent of any third-party owners of the content. Site content is not for resale under any circumstances.
COPYRIGHT POLICY
We expect you to respect the intellectual property rights of others when using the Site and Services. We will respond to any notices of copyright infringement that we receive that comply with applicable law and are properly submitted to us (pursuant to 17 U.S.C. 512(c)). In order to submit a notice of infringement of your copyrighted material, please provide us with the following information:
a. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
b. Identification of the copyrighted work or works claimed to have been infringed
c. 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;
d. Your contact information, including your address, telephone number, and an email address, if available;
e. A statement by you 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
f. 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 copyright owner.
TRADEMARK
Brilliantista or Brilliantista Studio name, logo, and all product names, company names, and other logos, unless otherwise noted, are registered trademarks, trademarks, and/or trade dress of Brilliantista and Brilliantista Studio. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
We may remove any content that is alleged to be infringing at our sole discretion without prior notice and without liability to you. We also reserve the right to take other appropriate action against infringers, such as terminating the user's account if the user is determined to be a repeat infringer. Please send any notice of alleged copyright infringement to our designated copyright agent at the following:
Brilliantista
Attn: Copyright Agent
Email: hello@brilliantista.com
Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification that content is infringing or that allegedly infringing content was removed by mistake or misidentification automatically subjects the complaining party to liability for damages, including costs and attorney's fees incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by us, if injured by such misrepresentation.
SALES POLICIES
Excited you trusted me and your instincts to purchase one of our products, services or join one of our communities through the Site. By placing an order or making a purchase from the Site, you agree to the terms set forth below along with our Privacy Policy and Terms of Use. the Company may, in its sole discretion, refuse or cancel any order and limit order quantity. the Company may also require additional qualifying information prior to accepting or processing any order. Once we receive your order that was placed on sharikuster.com, through one of the Sites opt-in offers, or through one of Brilliantista LLC and/or Brilliantista Studio landing pages or through a client services support team member, we’ll provide you with an email order confirmation.
REFUND AND CANCELLATION POLICIES
We fundamentally believe you will be thrilled with the Services, Programs, and/or Products you purchase from Brilliantista LLC and/or Brilliantista Studio. We understand, however, that sometimes Services, Programs, and/or Products may not be what you expected them to be. In that unlikely event, we invite you to review the following terms related to returning a product.
Digital products, because of their nature, cancellations require a written request within 48 hours of purchase, from the purchaser, explaining the reason to cancel and what we could do to improve the Service(s), Program(s), and/or Product(s). Once the request is received, an authorized representative from Brilliantista LLC or Brilliantista Studio LLC will review the request submitted by the purchaser and determine if a full refund or particle refund will be given. Contact Support at support@brilliantista.com to request your cancellation/refund. Your original payment will be credited for the full or particle amount of purchase within 7 business days once approved.
Should you wish to return an unopened and unused physical product, you must contact support@brilliantista.com within 7 days of receiving your item(s) to request an RA# and return shipping instructions. Your original payment will be credited for the amount of the product(s) purchased. The buyer is responsible for return shipping costs. Returned products may require inspection at an offsite location before we can provide a refund or exchange. In those cases, a refund will be issued within 10 business days provided the return is in its original, undamaged and unmarked condition.
FORWARD-LOOKING STATEMENTS
Materials In Our Product And Our Website 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 In Our Materials Are Intended To Express Our Opinion Of Earnings Potential. They Are Opinions Only And Should Not Be Relied Upon As Fact.
AGREEMENTS
You Agree That We Will Not Share In Your Success, Nor Will We Be Responsible For Your Failure Or For Your Actions In Any Endeavor You May Undertake. Please Understand That Past Performance Cannot Be An Indication Of Possible Future Results. We Take Measures To Maintain The Security Of The Personal Information You Have Provided To Us. Even So, We Cannot Guarantee That All Information Shared Through The Internet Will Remain Secure And You Agree That We Are Not Responsible For Any Unauthorized, Inadvertent Disclosure.
AFFILIATES
Through Our Company’s Website, We May Promote A Product Or Service Based On Our Company’s Affiliate Relationship With An Individual Or Business. We May Receive Compensation If You Purchase The Promoted Product Or Service Through Our Company’s Link. Company’s Promotion Of The Product Or Service Does Not Serve As An Endorsement And Should Not Be Seen As Such. If You Choose To Purchase Any Affiliate Products Or Services, You Do So At Your Own Risk.
NO WARRANTIES
THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING ANY OF THE IDEAS PRESENTED IN OUR MATERIALS. EXAMPLES IN OUR MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. 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. NO GUARANTEE IS MADE THAT YOU WILL ACHIEVE ANY RESULT AT ALL FROM THE IDEAS IN OUR MATERIAL. THIS WEBSITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY SERVICES, GOODS, OR OTHER PRODUCTS OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION
DISCLAIMER
THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SITE IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE CONTENT PROVIDED ON THE SITE. WE, OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE SITE, ITS CONTENT, OR THE SERVICES WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY, RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE, SERVICES OR PROGRAMS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK AND WE ASSUME NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE SITE, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE SITE AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS.
THIS SITE AND ITS CONTENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THIS SITE CONSTITUTES, IS MEANT TO CONSTITUTE, OR MAY BE USED AS ADVICE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL (INCLUDING TRADING OR INVESTMENT PURPOSES), OR MEDICAL ADVICE. WE ENCOURAGE YOU TO CONSULT THE APPROPRIATE PROFESSIONAL SHOULD YOU REQUIRE LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRILLIANTISTA LLC AND BRILLIANTISTA STUDIO, INCLUDING ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS, MAY NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; (iv) ANY CONTENT OBTAINED FROM THE SERVICES; (v) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (vi) OTHER MATTERS RELATED TO THE SITE, SERVICES OR PROGRAMS. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS OR LIABILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT MAY OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE, SERVICES OR PROGRAMS. YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS.
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE.
NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNITY
You agree to indemnify, defend, and hold harmless Brilliantista LLC, Brilliantista Studio LLC and its subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, including, but not limited to, costs and attorney's fees, from any claim or disputes by a third party arising out of your use of the Site, violation of these Terms, violation of applicable law, or your posting, modifying, or otherwise transmitting User Content through the Site, Services, or Programs. We reserve the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims or disputes, and you agree not to settle any such claims or disputes without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.
RELEASE
In the event you have a dispute arising out of, directly or indirectly, these Terms or your use of the Site, Services or Programs, you hereby release and forever discharge us, including our subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from all related claims, actions, demands, disputes, damages, and liabilities, whether past, present or future. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
TERMINATION
We may suspend or terminate your access to the Site at any time and for any reason or no reason at all, with or without notice, at our sole discretion. This may result in the deletion of information associated with your account. You may also terminate your account by deactivating it or by submitting a termination request and discontinuing your use of the Services or Programs. Your User Content may also be deleted in the event your access is terminated. Where applicable, all rights and responsibilities of the parties under these Terms will survive the termination of this agreement, including, without limitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.
MODIFICATION OF THESE TERMS
We may modify or update these Terms from time to time at our sole discretion. All updates will be effective from the time and date that they are posted. We recommend checking this page regularly for any updates. Your continued use of the Site, Services, and Programs signifies your acceptance of the updates that occur. We may send you notice of updates to these Terms, including, but not limited to, by email, posting on the Site, or other reasonable means.
VIOLATIONS OF THESE TERMS
Should you breach these Terms, we may take any and all actions we deem appropriate in our sole discretion under the circumstances, including, but not limited to, suspending, blocking, or terminating your access to the Site and Services and your account. We may also choose to remove your User Content.
DISPUTE RESOLUTION
Unless both parties agree otherwise, you and Brilliantista LLC and/or Brilliantista Studio LLC agree that any dispute, claim, or controversy you may have arising out of or relating to the Site, Services, Programs or these Terms will be resolved through mandatory binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and the judgment of its arbitrator(s) may be entered by any court of competent jurisdiction. You further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and THE PARTIES FURTHER AGREE THAT EACH IS WAIVING ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION. ALL CLAIMS AND DISPUTES RELATED TO YOUR USE OF THE SITE, SERVICES OR PROGRAMS OR ARISING UNDER THE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. This provision will survive the termination of this agreement and the termination of your account.
You and Brilliantista LLC and/or Brilliantista Studio LLC agree that we may seek injunctive or other appropriate relief in the appropriate state or federal court should you violate or threaten to violate the intellectual property rights of us or our subsidiaries, affiliates, partners, suppliers, or licensors, and you consent to exclusive jurisdiction and venue in such courts.
GENERAL TERMS
a. Entire Agreement
These Terms and our Privacy Policy represent the entire and exclusive agreement between you and Brilliantista LLC and/or Brilliantista Studio LLC regarding your use of the Site and Services, superseding and replacing all previous agreements. You may also be subject to additional terms and conditions or separate agreements regarding specific Services we provide, partner or affiliate services, use of Third-Party Resources, or any purchases you may make through the Site.
In the event that these Terms are translated into other languages and there is a discrepancy between the two language versions, the English language version will prevail in all cases to the extent that such discrepancy is the result of an error in translation.
b. Waiver and Severability
Our failure to enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
If any provision of these Terms or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms; however, the remaining provisions will continue to be valid and enforceable according to the intentions of the Parties and to the maximum extent permitted by law. If it is held that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
c. Assignment
Your rights and obligations under these Terms, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempt to do so will be null and void. We may freely assign these Terms and our rights and obligations hereunder without notice to you, and these Terms will continue to be binding on assignees.
d. Cumulative Rights
The rights of all parties under these Terms are cumulative and will not be construed as exclusive of each other unless otherwise required by law.
e. Law and Jurisdiction
These terms shall be governed by and will be construed under, the laws of Colorado, United States, without regard to or application of its conflict of law principles or your state or country of residence. All claims, disputes, and legal proceedings related to or arising out of these Terms or your use of the Site, Services, or Programs will be brought exclusively in the federal or state courts located in Colorado, and you hereby consent to and waive any objection of inconvenient forum as to such jurisdiction.
ELECTRONIC COMMUNICATIONS
Electronic communications occur whenever you use the Site, Services, or Programs, you send us emails, we send you emails, and we post notices on the Site. You consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, has the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hardcopy.
FEEDBACK AND COMPLAINTS
You hereby assign to us all rights in any feedback or complaints you provide us concerning the Site, Services, and/or Programs and agree that we have the right to use and fully exploit all such feedback or complaints in any manner we wish, commercial or otherwise. We will treat all such feedback or complaints as non-confidential and non-proprietary. Do not provide us with any feedback or complaints that you consider confidential or proprietary.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210.
CONTACT INFORMATION
Please report any violations of these Terms to us. If you require any more information or have any questions about these Terms, you may contact us as follows:
Brilliantista LLC
Email: hello@brilliantista.com
Last Updated... April 12, 2021
By Using This Website Or Any Information On It, Including But Not Limited To Blogs, Videos, Audios, Social Media Posts, Emails, Products, Services, You Acknowledge That You Have Read And Agree To The Terms In This Disclaimer Set Forth By Shari Kuster, Brilliantista LLC (“Company”, "We," "Us," And "Our") Or Any Of Our Members Associated With Our Company. If You Do Not Agree With These Terms, DO NOT USE THIS WEBSITE.
ASSUMPTION OF RISK
You Expressly Agree That The Use Of This Website Is Done At Your Own Risk. The Information Published On This Website Is For Informational Purposes Only. Any Reliance You Place On Such, You Do At Your Own Risk. You Understand That While Great Care Is Taken To Provide You With The Best Information Possible We Make No Representations Or Warranties Of Any Kind, Express Or Implied, About The Reliability, Accuracy, Completeness, Security, Or Currency Of The Information Provided.
INFORMATIONAL PURPOSES ONLY
The Information Presented In This Website Is Intended To Be For Your Educational, Informational And/Or Entertainment Purposes Only. We Are Not Presenting You With A Business Opportunity. We Are Not Presenting You With A Distributorship. We Are Not Making Any Claims As To Income You May Earn. We Are Not Presenting You With An Opportunity To Get Rich.
In No Way Is The Information Provided Meant To Be A Substitute For Professional Legal Or Financial Advice. If You Require Legal Or Financial Services, It Is Your Responsibility To Seek It Out From A Licensed Attorney Or Financial Services Professional. In No Way Is The Information Provided Meant To Be A Substitute For Medical Or Psychological Advice.
EARNINGS DISCLAIMER
The Information Published On This Website Regarding Wealth, Abundance, Income, Earnings, Business Profits Or Personal Financial Status Is For Informational Purposes Only. The Information May Provide Real-Life Examples And/Or Hypothetical Examples Of Possible Outcomes, Which Are In No Way Guarantees Of What Will Occur In Your Specific Situation. Where Income Figures Are Mentioned (If Any), Those Income Figures Are Anecdotal Information Passed On To Us Concerning The Results Achieved By The Individual Sharing The Information. We Have Performed No Independent Verification Of The Statements Made By Those Individuals. Please Do Not Construe Any Statement In This Website As A Claim Or Representation Of Average Earnings. There Are NO Average Earnings. Testimonials And Statements Of Individuals Are Not To Be Construed As Claims Or Representations Of Average Earnings. As You Know, Financial Outcomes Depend On Many Factors Including But Not Limited To Your Level Of Personal Responsibility, Commitment, And Abilities, In Addition To Those Factors That You And/Or Our Company May Not Be Able To Anticipate. You Agree That Our Company Is Not Responsible For Your Success, Or Lack. Your Reliance On Any Information Provided Is Done At Your Own Risk.
TESTIMONIALS
Any Testimonials Provided On This Website Are Opinions Of Those Providing Them. The Information Provided In The Testimonials Is Not To Be Relied Upon To Predict Results In Your Specific Situation. Success In Any Endeavor Is Based On Many Factors Individual To You. The Results You Experience Will Be Dependent On Many Factors Including But Not Limited To Your Educational Background, Your Skills, Your Prior Experience, Your Level Of Personal Responsibility, Your Commitment, Or The Time You Can And Will Devote To The Endeavor, In Addition To Those Factors That You And/Or Our Company May Not Be Able To Anticipate. Please Perform Your Own Due Diligence Before Embarking On Any Course Of Action. There Are Risks In Any Endeavor That Are Not Suitable For Everyone. If You Use Capital, Only “Risk” Capital Should Be Used. Follow The Advice Of Your Personal Qualified Advisors.
FORWARD LOOKING STATEMENTS
Materials In Our Product And Our Website 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 In Our Materials Are Intended To Express Our Opinion Of Earnings Potential. They Are Opinions Only And Should Not Be Relied Upon As Fact.
AGREEMENTS
You Agree That We Will Not Share In Your Success, Nor Will We Be Responsible For Your Failure Or For Your Actions In Any Endeavor You May Undertake. Please Understand That Past Performance Cannot Be An Indication Of Possible Future Results. We Take Measures To Maintain The Security Of The Personal Information You Have Provided To Us. Even So, We Cannot Guarantee That All Information Shared Through The Internet Will Remain Secure And You Agree That We Are Not Responsible For Any Unauthorized, Inadvertent Disclosure.
AFFILIATES
Through Our Company’s Website, We May Promote A Product Or Service Based On Our Company’s Affiliate Relationship With An Individual Or Business. We May Receive Compensation If You Purchase The Promoted Product Or Service Through Our Company’s Link. Company’s Promotion Of The Product Or Service Does Not Serve As An Endorsement And Should Not Be Seen As Such. If You Choose To Purchase Any Affiliate Products Or Services, You Do So At Your Own Risk.
NO WARRANTIES
THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING ANY OF THE IDEAS PRESENTED IN OUR MATERIALS. EXAMPLES IN OUR MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. 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. NO GUARANTEE IS MADE THAT YOU WILL ACHIEVE ANY RESULT AT ALL FROM THE IDEAS IN OUR MATERIAL. THIS WEBSITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY SERVICES, GOODS, OR OTHER PRODUCTS OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION
Last Updated... April 12, 2021
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Grant of Permission
By commenting, messaging, posting, or otherwise submitting any written content on the Facebook, Instagram, Twitter, or other social media page or inbox of Brilliantista, Brilliantista Studio, and/or Shari Kuster (collectively “Brilliantista and Brilliantista Studio, ”), you as the user (“User”) understand and agree that any member of the Brilliantista or Brilliantista Studio team will have permission to use such post, comment, or message in any reasonable manner in order to promote their brand or services.
Right to use; License
User understands and agrees the written copy, and possibly the name and profile photo of the author, may be published on Brilliantista’s or Brilliantista Studio’s websites, social media, sales pages, or other locations to promote their products and services, and User understands he/she/they are providing Brilliantista, Brilliantista Studio, with an unlimited license to use such written copy as a testimonial for promotional purposes or in any other reasonable manner.
No Compensation
No payment or additional services will be provided to User if such content is used for promotional purposes.
User also confirms he/she/they are in agreement with Brilliantista’s or Brilliantista Studio’s websites Terms & Conditions, Privacy Policy, and Disclaimer which can be found and reviewed HERE.