Welcome to Marika Beroukas // The Aesthetic Creative
Terms of Service Agreement
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use marikaberoukas.com if you do not accept all of the terms and conditions stated on this page.
Thank you for reviewing our Terms of Service Agreement (hereinafter the “Agreement”) for the marikaberoukas.com website. This website is owned and operated by Marika Beroukas (hereinafter “Companies,” “We,” or “Us”). This Agreement applies to persons and organizations who visit, register with, subscribe to, purchase digital downloadable products (“Products”) from or otherwise use the marikaberoukas.com web site (“Users”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Companies’ services (“Services”) or the marikaberoukas.com website (hereinafter referred to collectively as “marikaberoukas.com” or “the Site”).
2. Availability and Eligibility-
Our Site and Services are available only to, and may only be used by, individuals and organizations who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Services no distribution or solicitation is made by the Companies to any person to use the Site or Services in jurisdictions where the provision of such site or services is prohibited by law.
If you choose to purchase digital product from the Site, you will be charged using your chosen payment method based on the cost of the product that you select and applicable taxes. Your charge will be authorized and processed at the time your product is selected by you and you expressly authorize such charge. All purchases on digital goods are final and there are no refunds or returns allowed.
4. User’s Responsibilities and Acknowledgements-
5. Restricted Activities-
You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content or Products without the prior expressed written permission of the Companies and the appropriate third party, as applicable. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation. You may not forward, resend, or otherwise retransmit email received through the Site.
Without limiting other remedies, we may issue a warning, and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate this Agreement at any time, with or without cause. If you violate or otherwise breach this Agreement, the Companies will not issue any refunds of any amount to you.
8. Links to Third Party Sites-
There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, the Companies. Such links do not necessarily constitute an endorsement by the Companies of those sites. the Companies undertakes no obligation to monitor such sites, and you agree that the Companies is not responsible for the content of such sites or any technical or other problems associated with any such third-party Sites, Links or usage.
9. Intellectual Property-
The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws.
10. Email Usage-
Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email.
11. Disclaimer of Warranties-
WE, OUR MEMBERS, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF the Companies. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT OR SERVICES. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, the Companies DISCLAIMS ANY AND ALL SUCH WARRANTIES.
12. General Release.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU AGREE TO RELEASE the Companies, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY the Companies.
13. Limitation of Liability-
IN NO EVENT SHALL WE, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE ACTS OF ANY USER, AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT the Companies’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Dispute Resolution-
You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between Users and not involving the Companies, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in San Bernardino County, California, USA and participation at such arbitration may be by telephone conference. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or the Companies may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in San Bernardino County, California, USA necessary to protect the rights or property of you or the Companies pending the completion of arbitration.
15. Grant of Licenses-
the Companies grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of participant email addresses or other participant information or listings, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site. By posting information or content to any area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Companies, an irrevocable, perpetual, non-exclusive, fully-paid (and royalty free), worldwide licence to use, reproduce, communicate, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. You further waive any moral rights you may have in any such information or content.
Failure by the Companies to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
17. Right to Change this Agreement-
the Companies reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following the Companies’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.
21. Contact the Companies-
Except as explicitly stated otherwise, any notices to the Companies shall be given by email to email@example.com (in the case of the Companies). You agree that you will notify the Companies in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give the Companies a reasonable period of time to address it before bringing any arbitration or legal action.
We understand that your privacy is important. Generally, marikaberoukas.com will not disclose your personally identifiable information unless we have your permission or under certain circumstances, such as those described below.
When the Law Requires it: If we receive a subpoena, court order, or other legal process that requires that we disclose information about a User, we must comply with it and will disclose the required information.
Third-Party Service Providers: We may employ other trusted companies to perform functions on our behalf. Examples include processing credit card payments, order fulfillment, sending e-mail, analyzing data, and providing marketing assistance. Those trusted third party service providers have access only to personal information needed to perform their functions, but may not use it for other purposes.
Third Party Data & Data in the Aggregate: Aggregate data (data gathered across all user accounts) may be gathered in a non-personally identifiable form to build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behavior of our visitors, and by measuring demographics and interests regarding specific areas and services of the Site. Aggregate data may be disclosed in a non-personally identifiable manner to schools and other third parties. However, no personal information that could be used to identify you personally is disclosed in these situations.
We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Policy. For example, as stated above, we may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site. We use industry standard practices to protect your privacy, however, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
This Policy is the sole authorized statement of marikaberoukas.com and practices with respect to the online collection of personally identifiable information and the usage of such information.