Public Offer Agreement – Terms & Conditions
PLEASE READ THESE PUBLIC OFFER AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to this public offer agreement. If you do not agree to this Public Offer Agreement, please do not use the website.
Terms of use
Janine Gallizia (“CONTRACTOR”, “we, ”us”) offers a public offer to any individual (hereinafter - Customer) to conclude the Agreement, an offer to provide services for events (hereinafter - the Agreement). Please be sure to read the text of the public offer and if you do not agree with any point of this Offer, please DO NOT use services. Full and unconditional acceptance of this public offer is the implementation of payment by the customer of the proposed Contractor's services.
General
This website janine-gallizia.com is owned by Janine Gallizia and operated by Wix. By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Refund Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
This Site and all the materials available on the Site are the property of Janine Gallizia. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.
Image Rights and License for Use of Artwork
Participants’ Image Rights
By participating in the online courses organized by janine-gallizia.com, each participant expressly agrees to the recording, capturing, and use of their image (including their face, voice, and any other identifiable personal characteristics) as part of these sessions. The recorded images may be used by janine-gallizia.com for educational, promotional, commercial, or archival purposes, including live broadcasts, on-demand streaming, or recorded materials made available to other users or sold to the public.
This consent includes the right for janine-gallizia.com to reproduce, distribute, adapt, publish, modify, and exploit the recorded images without any limitation in duration, territory, or medium (print, digital, audiovisual, etc.). The participant waives any claim to compensation or remuneration for these uses.
License for Use of Participants’ Artwork
Participants retain the intellectual property rights to the artwork they create during the online courses. However, by participating, they grant janine-gallizia.com a non-exclusive, transferable, worldwide, royalty-free license to:
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Reproduce, display, and distribute their artwork as part of the online courses, on associated platforms, and for any commercial or promotional use related to these courses.
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Incorporate their artwork into educational materials, recorded videos, archived catalogs, or any other promotional content.
Protection of Participants’ Rights
janine-gallizia.com commits to not associating participants’ artwork with any misuse or prejudicial purpose that could harm their reputation or intellectual property rights. Any secondary use (outside the educational or promotional context) will require specific written authorization from the participant concerned.
Withdrawal or Limitation of Consent
Participants may request, for legitimate reasons, the withdrawal or limitation of the use of their image or artwork by contacting janine-gallizia.com at the following address: [contact@janinegallizia.com]. However, images or artwork already publicly disseminated prior to the request for withdrawal cannot be retroactively removed.
Disclaimers
WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and services online. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
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Restrict or inhibit any other user from using and enjoying the Site.
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Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
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Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
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Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
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Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
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Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
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Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
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Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
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Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
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Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
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Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
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Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
This site may host, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to the groups, chats or other such forums in the future. The site or its designated agents may remove or alter any user-created content at any time for any reason. Chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by our staff, or by users not connected with us, some of whom may employ anonymous user names. We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of us or any of its subsidiaries or affiliates.
This site have no obligation whatsoever to monitor any of the content or postings on the chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Registration
To access certain features of the Site, we may ask you to provide certain information. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. By taking part in the criticism sessions in the Live courses or others features of the site, you accept that your image rights will not be affected by this participation. If this is not the case, simply do not take part in these sessions. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. JANINE-GALLIZIA.COM EXISTS FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. THE EDUCATION AND INFORMATION PRESENTED HEREIN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL.
The end user of this information should therefore use the contents of this program and the materials as a general guideline and not as the ultimate source of current information. Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results.
THE INFORMATION PROVIDED ON THIS SITE IS SOLD AND PROVIDED ON AN "AS IS" BASIS. WE DO NOT PROMISE OR GUARANTEE ANY INCOME OR PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION CONTAINED HEREIN. THOSE RESULTS ARE YOUR RESPONSIBILITY AS THE END USER OF THE PRODUCT. IN PARTICULAR, WE SHALL NOT BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY DAMAGES, OR COSTS, OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER COSTS OR DAMAGES, IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR SERVICES.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Refund Policy
The Customer has the right to request a refund for the purchased Service within the first 14 days after purchasing the Service. Products excluded from the right of withdrawal: in accordance with the regulations in force, the right of withdrawal cannot be exercised for audio or video recordings or computer software unsealed by the customer. Any subscription taken out may not be cancelled before its term. You also acknowledge that no withdrawal period is applicable to the sale of dematerialised or digitised books or works, on a unitary basis (i.e. excluding subscriptions), as the sending of the link(s) enabling the digital file(s) to be downloaded is, by its very nature, irreversible. You also understand that your order for books or dematerialised or digitised works will be considered firm as soon as it has been confirmed and may not give rise to any exchange or refund.
All refund requests are accepted only in writing and only through the Сontractor’s email contact@janinegallizia.com.
The refund request must be accompanied by a photocopy of the applicant's identity document and a screenshot of the payment document confirming the payment, in PDF or JPEG format.
The decision to approve or deny the refund is made by the Contractor within 10 (ten) calendar days from the moment the relevant Customer request is received.
If the refund request is approved, the Customer’s access to the materials will be terminated within 1 (one) business day from the date the Contractor sends the Client the decision on the refund.
If the Customer has valid reasons, the Parties may agree to replace one Service with another.
DISPUTE RESOLUTION
All disputes arising in connection with this Agreement shall be settled by means of negotiations.
In case of not reaching an agreement between the Parties all disputes are dealt with by the courts, in accordance with respective law. The only competent courts will be the French courts within the territorial jurisdiction of the site owner's domicile.