The terms “Company” or “us” or “we” or “our” refers to Diana I. Cherubin, LLC, the owner of this Website. “DIANA IVELIS” refers to “Diana I. Cherubin-Wolfe,” “Diana I. Cherubin,” “Diana Ivelis Cherubin,” “Diana Ivelis Cherubin-Wolfe” and “Diana Ivelis”.
A “Visitor” is someone that merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor and/or a Member.
All text, information, graphics, design, and data offered through our Website or Services or Products, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
A “Product” is a pre-set course consisting of instructional videos (which may be provided online or on DVD). “Coaching and Consulting Services” are individual, personalized sessions with DIANA IVELIS during which she will assist you with helping your child actor get their acting career started and maintain said career. “Coaching and Consulting Services” sessions with DIANA IVELIS may be done over video chat. The “Raising A Child Star Program” is an online program with text and video in which DIANA IVELIS will give prerecorded information, and instruction to assist you with helping your child actor get their acting career started and maintain said career. “Services” are all the above services, future services and any other products or services offered through the Website or otherwise by DIANA IVELIS or Company.
2. ACCEPTANCE OF AGREEMENT
This Agreement is between you and Diana I. Cherubin, LLC, the owner and operator of the Website.
Our contact information is:
Diana I. Cherubin, LLC
1883 Royal Hunte Dr. Ste. 200-A Cedar City, Utah 84720
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Company, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.
3. TALENT SERVICES DISCLAIMER
ALL LIVE AND RECORDED PROGRAMS TAUGHT BY DIANA IVELIS AND LIVE COACHING SESSIONS WITH DIANA IVELIS ARE FOR INSTRUCTIONAL PURPOSES ONLY – THEY ARE NOT AUDITIONS OR EMPLOYMENT OPPORTUNITIES. BY YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS WHEN COMPLETING THE PURCHASE OF ANY COMPANY PRODUCT OR SERVICE, YOU AGREE THAT YOU HAVE BEEN INFORMED OF THE FOREGOING.
COMPANY IS A TALENT CAREER CONSULTING SERVICE. THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE CA LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. COMPANY AND DIANA IVELIS ARE PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. THEY MAY ONLY PROVIDE YOU WITH CONSULTING. FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.
You acknowledge that while DIANA IVELIS is a former talent agent, neither she nor Company nor any employees of Company currently participate in the casting, auditioning, employment, management, representation or audition procurement of any artists for any projects at any time, be they film, television, music, web-based or similar. Participation in any program, class, coaching, seminar, consultation or similar instruction with Company is not an opportunity to be cast, audition, be pre-screened for possible future auditions, be considered for employment or interview for a job or role. Purchasing any Company Products or Services or taking part in any class is no guarantee of any booking, employment, earning money or achieving results. You and your child’s level of success in attaining results is based on several factors, including skill, knowledge, ability, dedication, networking and numerous other factors.
Because these factors are different for each individual, Company does not guarantee your child’s success in booking gigs, acquiring representation or achieving notoriety. You are solely responsible for you and your child’s actions and results in life and business. Any forward-looking statements outlined on this Website or as part of the Services are of opinion and thus are not guarantees or promises for actual performance.
The information contained in or made available through the Website (including but not limited to information contained on videos, in blogs, comments, coaching calls, emails, text files, or in any similar communication) cannot replace or substitute for the services of trained professionals in any field. You, alone are responsible and accountable for you and your child’s decisions, actions and results in life and business, and by your use of this Website and its associated products, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
As noted in these Terms, some of the Services provided by Company and DIANA IVELIS fall under the category of Talent Career Consulting Services under Chapter 4.5 of the Labor Code of California. The Company and DIANA IVELIS are invested in protecting the rights of actors and other artists. To fully understand your rights as an actor or artist with respect to any talent service, please see comprehensive information on AB 1319 here.
4. CALIFORNIA LABOR CODE BOND REQUIREMENT
Pursuant to California Labor Code 1703.3, Company has filed with the Labor Commission of the State of California a Fee-Related Talent Services Bond in the amount of fifty thousand dollars ($50,000) executed by The Travelers Indemnity Company. Bond# W150422509
5. LIMITED LICENSE
Company grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
6. YOUR OBLIGATIONS AND CONDITIONS
You agree to provide accurate and true information about yourself to the Website. You understand that you must continue to provide current and updated information that is complete and accurate over the course of time. If you provide inaccurate or incomplete information about
legal right to participate in any service or product offered on the Website nor shall any person affiliated, or claiming affiliation, with the Website have authority to make any such representations or warranties. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
7. INTELLECTUAL PROPERTY RIGHTS
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Company.
Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this Website may constitute trade names, trademarks or service marks of Company or of other entities. These trademark holders are not affiliated with the Website. They do not sponsor or endorse our materials. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
Upon purchase of any of our programs, you are receiving one license to use the program in your own acting career. You may not share, make derivative works from, re-teach to others, sell, display, or use the agreements in any way not listed here, including doing so if you have failed to pay in full. If you wish to do so, you can purchase licenses to share, make derivative works from, sell, display, or use an agreement or agreements in other ways. These licenses start at $10,000. Upon discovery of your use of the agreements for any of these purposes, you will be notified and billed within 48 hours.
Our Website may contain links or otherwise direct you to websites operated by third parties, including via advertisements. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites.
9. THIRD-PARTY MERCHANTS / PROVIDERS
Our Website may enable you to order and receive products, information and services from businesses that are not owned or operated by us, including via links provided by third party advertisers. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for your use of the Services.
In addition, certain third party services accessed through our Website may prompt you to establish an account with that service. Your agreement and understanding with any such third party service provider is solely between you and such service provider. We will not be a party to or in any way be responsible for your agreement with such third-party service provider. Any disputes you may encounter with such third party service provider shall be settled solely between you and the service provider.
10. DISCLAIMERS & LIMITATION OF LIABILITY
THE WEBSITE AND ALL PRODUCTS AND SERVICES OFFERED HEREON ARE PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE OR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE WEBSITE WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE SERVICES; (IV) THAT ANY CONTENT YOU DOWNLOAD FROM THE WEBSITE, PRODUCTS YOU PURCHASE AS PART OF THE SERVICES, OR EMAILS SENT FROM OR ON BEHALF OF US, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT THE SERVICES WILL PRODUCE ANY PARTICULAR RESULTS FOR YOU OR GENERATE ANY INCOME.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE OR THE PURCHASE OF ANY PRODUCT OR SERVICES THEREFROM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US FOR THE PARTICULAR PRODUCT OR SERVICE FROM WHICH SUCH LIABILITY AROSE AND IF YOU HAVE NOT PAID ANY AMOUNTS, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE WEBSITE AND TERMINATE YOUR ACCOUNT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
11. PRIVACY AND SECURITY.
All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be required to pay you for our use of any ideas you submit (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Company uses a variety of security measures to protect the integrity of its websites, as well as Account and individual information. However, we cannot and do not guarantee absolute security, and we are not responsible for any illegal acts of third parties including hacking or similar activities.
12. REFUND POLICY – PRODUCTS
To the extent that you purchase any Products directly from us and are dissatisfied, we will refund your purchase price of that Product within thirty (30) days of your purchase if you notify us in writing of your desire for the refund. We may consider an exchange of products by request. If an exchange is offered, it must be accepted and redeemed within 30 days of the original purchase. Excessive returns or requests for excessive returns will not be accepted. Refunds will not be given to any one customer for one specific Product more than twice. Refunds may be requested by emailing firstname.lastname@example.org
For Coaching and Consultation Services, a full refund can be requested for any pre-paid coaching or consultation session within 14 days of purchase provided that you contact Company in writing within the 14 day period. Refunds may be requested by emailing email@example.com
If you paid for a coaching package with a payment plan, your coaching sessions will become available to you in accordance with the amount you have paid to date. The amount you have paid to date must equal or exceed the price of a coaching session in order for the coaching session to be used. In other words, payment equaling or exceeding the amount of a coaching session must be made before a session can be used.
For contracts executed through the Internet, like this one, you may cancel this contract by sending the cancellation notice below to Diana I. Cherubin, LLC at Support@helpmychildactor.com NOT LATER THAN 11:59pm on the date which is 10 business days from the date you place your order or the date on which you commence utilizing the Services, whichever is longer.
I hereby cancel this contract.
Actor Parent/Guardian/Representative Signature: __________________________
If you cancel, all fees you have paid must be refunded to you within 10 business days after delivery of the cancellation notice to the talent service.
17. ENTIRE AGREEMENT
You agree to indemnify, defend and hold harmless DIANA I. CHERUBIN LLC , Company and its officers, directors, employees, subcontractors, successors, assigns, partners, agents, attorneys, advertisers, licensors, suppliers, affiliates, and any third party information providers from and against all liability, loss, claim, expense, damages and costs, including reasonable attorneys’ fees, resulting from any breach of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Website under your account.
19. THIRD PARTY RIGHTS
The provisions of this Agreement are for the benefit of Company and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to Company and/or the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
20. OUR RELATIONSHIP TO YOU
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Company.
21. TERMINATION; SURVIVAL
This Agreement shall continue in effect for as long as you use the Website or Services, unless specifically terminated earlier by Company. Company reserves the right to terminate your account at any time without reason or cause. All provisions of this Agreement which impose obligations continuing in their nature shall survive termination of the Agreement.
22. GOVERNING LAW; SEVERABILITY; NON-WAIVER
This Agreement shall all be governed and construed in accordance with the laws of the State of California without giving effect to its conflict of law provisions. By registering for an account on the Website, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action or proceeding between Company or DIANA I. CHERUBIN-WOLFE and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction in the State of California.
You agree that any cause of action arising out of or relating to this Agreement, or your use of the Website will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred.
If any portion of this Agreement is ruled by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then, to the maximum extent permitted by law, the provision shall be reformed to reflect the intent of the parties or if the provision cannot be so reformed, severed from the contract, it being agreed that such severance shall not affect the validity and enforceability of the remaining provisions of the Agreement.
Company’s failure to exercise any right or provision of the Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement will remain in effect. Company/DIANA I. CHERUBIN, LLC has the right to modify these terms and conditions at any time.
Any rights not expressly granted herein are reserved.