Please read the following terms and conditions relating to your use of this site and the products and services provided hereunder carefully.
By using this site, purchasing any products or services from Divia Creations, a subsidiary of The Mineral Corporation, Wyoming, USA (“Company”), or utilizing any of the products or services from the Company through this site, you are deemed to have agreed to these Terms and Conditions.
We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from the Company, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms and Conditions of use, do not use this site. The Company’s Privacy Policy is incorporated into this Agreement.
I. GENERAL TERMS & CONDITIONS
II. USER PUBLIC FORUM SUBMISSION/PARTICIPATION POLICY AND TERMS
III. SPECIAL NOTES WITH REGARD TO PRODUCT AND SERVICE PURCHASES
IV. PRODUCT AND SERVICE PURCHASE AGREEMENT
I. GENERAL TERMS & CONDITIONS
a.) Scope of Terms and Conditions
These Terms and Conditions apply to your use of all of the website at www.diviacreations.com as well as any of its sub-domains and related domains (collectively the “Site”), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links.
b.) Restrictions on Use
The contents of this Site and the materials downloaded therefrom are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within, or downloaded from, the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site.
You must abide by all additional copyright notices or other restrictions contained in any of the Site.
You agree not to do any of the following while using the Site:
• Harass, stalk or otherwise abuse another user;
• Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libellous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
• Transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
• Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
• Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
• Transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
• Violate any applicable local, state, federal or international law, rule or regulation.
c.) Request for Permission to Use Content
Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to hello@diviacreations.com
We very clearly state that you may not use any Content in any way that is contrary to these T&C unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.
d.) Digital Millennium Copyright Act.
We respect others’ copyright and intellectual property rights. However, if you believe that the Content on this Website infringes upon any copyright owned by you and was posted on our Website without your authorization, you may provide us with a notice requesting that we remove the information from the Website. Any request should only be submitted by you or an agent authorized to act on your behalf to hello@diviacreations.com
e.) Limitation of Liability
IN NO EVENT, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, SHALL DIVIA CREATIONS OR ANY OF OUR LICENSORS OR SERVICE PROVIDERS BE HELD RESPONSIBLE FOR ANY EXTRAORDINARY OR RESULTANT DAMAGES ARISING FROM THE UTILIZATION OF, OR FAILURE TO USE, THE RESOURCES ON THE PLATFORM, OR ANY GOODS OR SERVICES OFFERED VIA THE PLATFORM, EVEN IF FOREWARNED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT PERMIT THE RESTRICTION OR ELIMINATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER FORMS OF DAMAGES, THEREFORE THE AFOREMENTIONED LIMITATION OR EXCLUSION MAY NOT BE APPLICABLE TO YOU. IN ANY GIVEN SCENARIO, THE AGGREGATE LIABILITY TO YOU BY DIVIA CREATIONS OR ANY OF OUR LICENSORS OR SERVICE PROVIDERS FOR ALL DAMAGES, LOSSES, AND LEGAL CLAIMS (WHETHER THROUGH CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT REMITTED BY YOU TO US, IF ANY, FOR ACCESSING THE PLATFORM.
f.) No personal advise; No Assured Outcomes
The knowledge provided or accessible via this platform (which may include, but is not limited to, message boards, text documents, products, services, or chats) should not be seen as a replacement or substitute for the expertise of trained professionals across various fields. This includes, but is not limited to, psychological, financial, medical, or legal matters. Notably, regular consultation with a healthcare professional is recommended for all issues related to physical or mental well-being, especially concerning any signs that may necessitate a medical diagnosis or attention. Moreover, legal advice should be sought regularly to ensure your interactions with others are compliant with the law, including, but not limited to, laws about harassment, assault, or similar regulations.
None of the Divia Creations staff, agents, contractors, representatives, or individuals featured on the platform are functioning as a medical professional, expert, or any other licensed practitioner. Even if they are licensed in a certain field, they do not serve as your personal professional.
Divia Creations and our licensors or service providers do not make any claims or warranties regarding any treatment, action, or use of medication or preparation by any individual following the advice or information provided directly or indirectly through the platform (including but not limited to any product or service purchased, utilized, or obtained from this platform). Neither Gabriella Szabó nor our partners or their affiliates will bear any responsibility for any direct, indirect, consequential, exceptional, or other damages that might occur, including but not limited to economic loss, injury, illness, or death.
The content on the platform does not offer any guarantee concerning your capability to achieve results, find happiness, or generate any income with our concepts, information, tools, or strategies. The platform is a resource provider, the effectiveness of which may vary depending on your specific goals. All Divia Creations’ products and services are provided solely for educational and informational purposes.
g.) Parental Consent; Age Limitation
This platform is not intended for individuals under the age of 14. The transaction of any of Divia Creations’ products or services is not meant for individuals under the age of 18. We will not intentionally gather personally identifiable data from individuals under 14.
WE HIGHLY ADVISE PARENTS TO PARTICIPATE IN THEIR CHILDREN’S INTERNET EXPLORATIONS AND ANY ONLINE SERVICES, AND UTILIZE THEIR BROWSER’S PARENTAL CONTROLS TO RESTRICT THE SECTIONS OF THE INTERNET THAT THEIR CHILDREN CAN ACCESS.
We mandate all users of the platform to be at least 14 and all purchasers of Divia Creations’ products and services to be over 18. You agree to respect such age restrictions, and not assist anyone in circumventing these limitations. If you are under 14, you agree to immediately discontinue accessing the platform. If you are using the platform, you affirm that you are at least 14 years of age.
If you are purchasing any products or services from Divia Creations, you declare that you are at least 18 years of age.
h) Subscription Charges
Divia Creations retains the authority to impose charges, additional costs, and/or subscription fees for any or all of its currently free services at any point in the future, provided a thirty (30) day prior written notice has been sent to you.v
i) Copyright
All elements present on this platform, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data collections, and software, are the exclusive property of Divia Creations or its content providers, safeguarded by United States and international copyright legislations. The comprehensive assemblage of all content on this platform is the exclusive property of Divia Creations, protected by both U.S. and international copyright laws.
j) Trademarks
The Company’s name and other Company logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Company or its affiliates in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its affiliates.
k) Contacting Us
The registered address of the Company is: THE MINERAL CORPORATION 1712 PIONEER AVE., STE 1323, CHEYENNE, WY USA 82001
Our representation office is in Mexico: Calle 48 Norte, entre Ave. 15 y 20. Lote 9. Playa del Carmen, Quintana Roo, Mexico 77728 Tel: +52 984 877 5 444. E-mail: hello at diviacreations dot com
II. PARTICIPANT PUBLIC FORUM
CONTRIBUTION/PARTICIPATION
POLICY AND TERMS
a) Overview:
As a benefit to our users, Divia Creations, along with third-party websites and services like Facebook, might include forums such as message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups, communities, and other message or communication facilities, including public/semi-public/private forums (collectively, “Forums”). These Forums are designed to allow users with similar interests or experiences to exchange information and support each other or to pose questions for others to respond to. We might also facilitate online discussions steered by various experts or other individuals.
The content within the Forums, including descriptions for numerous Forums and the content within specific messages, comments or posts, is largely contributed by and is the responsibility of the third-party creator of the Forum or the person posting in that Forum. Divia Creations bears no responsibility for such content and merely facilitates access to it as a service to you.
GIVEN THEIR INHERENT NATURE, FORUMS COULD CONTAIN MATERIAL THAT IS OFFENSIVE, HARMFUL, INACCURATE, OR OTHERWISE INAPPROPRIATE, OR IN CERTAIN INSTANCES, POSTS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE MISLEADING. WE ANTICIPATE THAT YOU WILL PROCEED WITH CAUTION AND COMMON SENSE AND EXERCISE APPROPRIATE JUDGMENT WHEN PARTICIPATING IN FORUMS.
b) Your Engagement/Contribution Requires Thoughtfulness:
Any information (including personally identifiable information or other personal details) that you disclose in a Forum may be intentionally made public and, in such cases, may not be a private, secure service. You should consider carefully before divulging any information in any Forum. What you write may be visible to, disclosed to, or collected by third parties and may be used by others in ways we cannot control or predict, including contacting you for unsolicited purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all intents and purposes, unless Divia Creations explicitly states otherwise (for example, in the rules for a specific forum).
c) Confidentiality Obligations:
You agree not to upload or transmit any communications or content of any kind to a Forum that infringes or violates any rights of any party. Moreover, you might have entered into an agreement with Divia Creations requiring you to maintain the confidentiality of certain material or information. It is your responsibility to ensure that any post you make to a Forum doesn’t violate any confidentiality obligations you have. Unless a Forum explicitly states that all members who can view posts are bound by confidentiality obligations and further specifies what types of information can be discussed, you may not post information that Divia Creations has required you to keep confidential.
d) Grant of Rights:
If you are the original copyright holder of any post or submission to a Forum and such post or submission doesn’t contain any Divia Creations’ information or material, or any other information you are required to keep confidential by Divia Creations, then; i) you retain ownership of such post or submission to the extent you were the owner; ii) you automatically grant or warrant that the owner of such content or intellectual property has explicitly granted Divia Creations, a royalty-free, perpetual, irrevocable, global nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and/or exploit the post, submission, communication, or content in any media or medium, form, format, or forum now known or hereafter developed; and iii) you agree and warrant that Divia Creations may sublicense or assign its rights through multiple tiers of sublicenses or assignments.
e) No Monitoring Obligation:
Divia Creations does not control the information posted to the Forums, and has no obligation to monitor the Forums. However, Divia Creations reserves the right at any time to disclose any information as needed to comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, for any reason at its sole discretion.
f) No Removal Obligation:
Divia Creations is not obligated to remove any content from the site which doesn’t violate any civil or criminal laws, and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be provided by the author/contributor with the intention that Divia Creations shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content was submitted under an agreement with Divia Creations with differing terms, or Divia Creations has clearly been provided limited non-exclusive publishing rights (for instance, in the case of some exclusively copyrighted newsletter content). If you do not want something you submit to be published, do not submit it in the first place.
g) No Endorsement:
Divia Creations does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
h) Divia Creations’ Right to Act:
If Divia Creations discovers communications which allegedly do not conform to any terms and conditions of this Site, Divia Creations may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication. Divia Creations will have no liability or responsibility for performance or nonperformance of such activities. Divia Creations reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, such as Usenet, over which Divia Creations has absolutely no control.
IV. PRODUCT AND SERVICE ACQUISITION AGREEMENT
By accepting the delivery of any product or service provided by Divia Creations, viewing such products, or using such products or services in any way, you (“Customer”) agree to be bound by the following terms and conditions. Both you and Divia Creations acknowledge that these terms and conditions constitute the sole and exclusive agreement governing the sales transaction between you and Divia Creations. Any attempt to modify, supplement, amend, or alter these terms and conditions by the Customer will be considered a substantial modification of this agreement and shall be deemed null and void. Furthermore, these terms and conditions are subject to change without prior written notice. Therefore, please carefully review these terms and conditions each time you place an order with or receive any goods or services from Divia Creations.
a) Product Concerns
If you encounter any issues or concerns regarding Divia Creations or your purchases, please reach out to us at hello at diviacreations dot com.
b) WARRANTIES; ALL PRODUCTS AND SERVICES ARE SOLD “AS-IS” OR “WITH ALL FAULTS.”
DIVIA CREATIONS MAKES NO REPRESENTATION OR EXPRESS WARRANTY REGARDING THE PRODUCT OR SERVICE, EXCEPT THOSE STATED IN THIS DOCUMENT. DIVIA CREATIONS DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL PRODUCTS OR SERVICES SOLD BY DIVIA CREATIONS ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK PERTAINING TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES RESTS WITH THE BUYER. IF ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, NON-FUNCTIONAL, OR MALFUNCTION IN ANY WAY AFTER THEIR PURCHASE, THE BUYER, AND NOT DIVIA CREATIONS, ASSUMES FULL RESPONSIBILITY FOR ALL NECESSARY SERVICING OR REPAIR.
c) LIMITATION OF LIABILITY
UNDER ANY
CIRCUMSTANCES, DIVIA CREATIONS’ MAXIMUM LIABILITY SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. DIVIA CREATIONS SHALL NOT BE LIABLE FOR ANY CLAIMS OR ACTIONS IN CONTRACT, TORT, INDEMNITY, CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES SOLD THAT EXCEED THIS LIABILITY LIMIT. DIVIA CREATIONS SHALL NOT BE LIABLE FOR THIRD-PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTIONS, DELAYS, INTERRUPTIONS OF SERVICE, BUSINESS LOSSES, EXEMPLARY DAMAGES, OR ANY OTHER LOSSES OR DAMAGES, WHETHER OR NOT DIVIA CREATIONS WAS MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
d) CUSTOMER AGREES TO RESTRICTIONS, OBLIGATIONS, AND LIMITATIONS; CONFIDENTIALITY AND LIMITED USE:
Customer acknowledges that the products and services sold by Divia Creations are confidential and proprietary information and property of Divia Creations. Customer agrees to treat such products and services as confidential. As a further condition of purchasing and/or receiving Divia Creations’ products and/or services, Customer agrees not to directly or indirectly copy, distribute, resell, lend, lease, display, teach, or show these products and/or services to others. The term “Customer” includes anyone who receives Divia Creations’ products or services, even if received for free.
Customer agrees that no one may use these products and/or services in any manner without written approval from Divia Creations, except for the Customer who acknowledges that their use is limited to personal use only. In the event that Customer disagrees with these terms, Customer must immediately cease using the products purchased from Divia Creations. Anyone viewing or utilizing Divia Creations’ products through such conduct agrees to be bound by the terms set forth herein and must immediately comply with this agreement. If Divia Creations discloses any portion of its information to the public, it should be understood that any undisclosed information remains confidential and must be protected by the Customer.
Customer represents and warrants that they are at least 18 years old. If the Customer is under 18 years old, they must immediately discontinue using the products purchased from Divia Creations.
e) Terms and Conditions Specific to Monthly Subscriptions
By providing your credit card and other information, agreeing to these Terms and Conditions, or selecting the “Purchase” button (or similar button for monthly subscription) displayed on the Site, you are acquiring a monthly subscription and consenting to Divia Creations charging your credit card for amounts payable pursuant to this subscription.
You acknowledge and understand that you can cancel anytime by contacting customer support.
f) General Terms and Conditions
(1) Payment Terms; Orders
An order placed with Divia Creations is not binding until it is accepted. Payment for the ordered product(s) is due before shipment or provision of services. Customers can make payment via credit card, PayPal, or other payment methods arranged by Divia Creations. By placing an order, you agree to pay the specified amount(s) indicated on the invoice. Furthermore, you agree to pay interest on all past-due amounts at a rate of 1.5% per month or the highest rate permitted by law, whichever is greater.
Additionally, our payment services are provided by third parties, and your use of such services is subject to their additional terms and conditions, which are incorporated into this Agreement by reference.
(2) Title; Risk of Loss
Divia Creations retains a purchase money security interest in the product(s) until the full payment is received. You grant Divia Creations the authority to sign necessary documents on your behalf to protect its purchase money security interest. Title to software remains with the licensors. All software is provided under the respective license agreement of the software maker. You agree to be bound by any software license agreement upon downloading the software. Divia Creations will not be held responsible for delays in delivery and associated damages due to events beyond its reasonable control, including acts of God, acts of federal, state or local government, fire, floods, civil unrest, strikes, lockouts, and freight embargoes.
(3) Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Divia Creations and yourself shall be governed by the laws of the State of California, without regard to its conflicts of law principles. The validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Both Divia Creations and you consent to the exclusive jurisdiction and venue of the State Courts of the State of California, San Diego County, to resolve any dispute related hereto, and the parties waive all rights to contest the exclusive jurisdiction and venue of such Courts. Additionally, you agree not to bring any legal action against Divia Creations based on any legal theory, including contract, tort, equity, or otherwise, more than one year after the date of the applicable invoice.
(4) Severability
If any provision in this agreement is deemed invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement. The invalid, illegal, or unenforceable provision shall be modified to achieve the most similar valid and enforceable result under applicable California law.
(5) Waiver
The failure of either party to enforce any provision of this agreement shall not waive the right to enforce such provision in the future. Any waiver of a breach of any provision in this agreement must be made in writing to be considered a waiver.
(6) Entire Agreement
These Terms and Conditions, along with the Privacy Policy, constitute the complete and exclusive agreement between Divia Creations and you, superseding all prior proposals, oral or written understandings, representations, conditions, warranties, and other communications between Divia Creations and you concerning the subject products. This agreement cannot be explained or supplemented by any prior course of dealings, trade customs, or usages.