PLEASE READ THE TERMS AND CONDITIONS (“TERMS”, “TERMS AND CONDITIONS, “T&C”) OF THE HTTPS://BRILLIANTISTA.COM WEBSITE. THE WEBSITE AND ITS CONTENT IS OWNED BY BRILLIANTISTA (“COMPANY”, “WE”, “US”, OR "OUR"). THE TERM “YOU” REFERS TO THE USER OR VIEWER OF HTTPS://BRILLIANTISTA.COM (“WEBSITE”).


TERMS & CONDITIONS

We reserve the right to change the T&C from time to time without notice. You acknowledge and agree that it is your responsibility to review this T&C periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

WEBSITE USE AND CONSENT

By visiting our website and accessing and/or purchasing the information, content, services, products, and tools we provide for you, either directly or indirectly through this Website (“Content”), you agree to use these Content only for the purposes intended as permitted by (a) the terms of our T&C, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that in order to access our Content, you may be required to provide certain information about yourself (such as identification, contact details, payment information, etc.) as part of the checkout process, or as part of your ability to access the Content. You agree that any information you provide will always be accurate, correct, and up to date.

Accessing (or attempting to access) any of our Content by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Content through any automated, unethical or unconventional means.
Engaging in any activity that disrupts or interferes with our Content, including the servers and/or networks to which our Content are located or connected, is strictly prohibited.

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website/Content is our property and is protected by United States intellectual property laws. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Content is strictly prohibited.

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

Any content downloaded or otherwise obtained through the use of our Content is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

No information or advice, whether expressed, implied, oral or written, obtained by you from Brilliantista or through any Content we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in our T&C.

We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this T&C, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.


TRADEMARK
     
Brilliantista name, logo, and all product names, and other logos, unless otherwise noted, are registered trademarks, trademarks. 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.


INTELLECTUAL PROPERTY NOTICE

All images, text, designs, graphics, trademarks, and service marks are owned by and property of Brilliantista or the properly attributed party (the “Intellectual Property”). It is a violation of federal law to use any of the Intellectual Property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

You may use Our Intellectual Property with clear and obvious credit back to Our Website, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, You may never claim any of Our intellectual property as Your own or Your unique creation, even with attribution, or use any Intellectual Property within the Offering that is attributed to a third-party.


OUR LIMITED LICENSE TO YOU

This Website and its Content is property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

If you view, purchase, or access our Website, you agree that the Website and its original content, features and functionality are and will remain the exclusive property of Brilliantista and its licensors. We are protected by copyright, trademark, and other laws. Our trademarks and logos displayed on the Website belong to us, unless otherwise indicated, may not be used in connection with any product or service without the prior written consent of Brilliantista.


YOUR LICENSE TO US

When you voluntarily submit to us or post any comment, photo, image, video, or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, consent to make it part of our current or future Website and its Content, Marketing Material and/or Publications. This right includes granting us proprietary rights, intellectual property rights, and non-exclusive rights, including worldwide license rights (with the right to sublicense), under any relevant jurisdiction without any further permission from you or compensation by us to you. You may, however, at any time, ask us to delete this information. Your rights regarding this personal information can be found in our Privacy Policy.

You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.


PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK

As a Licensee, you agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.


LINKS TO OTHER WEBSITES

Our Content may contain links to third-party websites or services that are not owned or controlled by Briilliantista. Brilliantista has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Brilliantista shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

We've created a separate page dedicated to Credit & Disclosure, which goes into more detail with how we disclosure affiliate links and partnerships. Click here to read our full Credit & Disclosure page.


INDEMNIFICATION

You agree at all times to defend, indemnify, and hold harmless our Company, as well as any of our affiliates and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to our Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with us.


LIMITATION OF LIABILITY

Unless otherwise limited by law, we will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility, unless otherwise prohibited by law.


RELEASE OF CLAIMS

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.


ONLINE COMMERCE

Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company. Please review our Privacy Policy for how we comply with securing your personal data.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort incurred as the result of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly.

You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.


TESTIMONIALS

Any testimonials provided on the 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 and not the responsibility of Brilliantista.


PRIVACY

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this T&C.


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].   


GOVERNING LAW

The Website is controlled by Brilliantista from our offices located in the state of Colorado, USA. The Website can be accessed by most countries around the world. As each country has laws that may differ from those of Colorado, by accessing our website, you agree that the statutes and laws of Colorado, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce these T&C shall be brought in the federal or state courts located in Colorado, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.


TERMINATION OF USE

We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.


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 Website, or other reasonable means.


GUARANTEE

UNLESS OTHERWISE EXPRESSED, BRILLIANTISTA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

CONTACT

IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US AT HELLO@BRILLIANTISTA.COM.

Last Updated... March 5, 2024

TERMS