Terms of Use

Welcome to the Giselle Dekel's illustration course, at http://courses.giselledekel.com.

Please read this agreement carefully before accessing or using this site and before registering and activating your account. By accessing or using this site or by activating your account, you agree to be bound and obligated by this agreement.

When registering and by activating your account with us, you confirm and declare as follows:
1. that you agree to be bound by the terms of this agreement; and
2. that you are at least 18 years old.

The information and course(s) on this site are provided by Giselle Dekel (hereinafter: “Giselle”) subject to your agreement to the terms and conditions below.

Giselle offers, through this site, online illustration art courses, as specified in the courses' descriptions, provided as part of this site.

Use of the site

  1. Your use of the site may be subject to additional disclaimers and caveats that may appear throughout the site.

  2. All of the information (including, without limitation, advice, guidance, electronic correspondence and recommendations) and services (including, without limitation, courses, materials, answering questions, etc.) on the site are neither financial nor career advice, nor a substitute for professional diagnosis, advice and/or other professional services.

  3. Giselle assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, courses or other material found on this site.

  4. While Giselle strives to keep the information on this site accurate, complete and up-to-date as much as possible, Giselle provides no guarantees, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of such information.

Registration

  1. Enrolling in a course entails registering as a subscriber. A subscriber shall receive permission to use, online, the course(s) found on the site, according to a specified program and according to the subscriber’s specific needs.
    The potential subscriber is considered an applicant, making Giselle an offer to accept the applicant as a subscriber, in accordance with the applicant’s personal data and the information provided by the applicant during registration. Giselle may, at her sole discretion, accept or reject the applicant’s offer.

  2. As part of the registration process, you will select a password and a user name (hereinafter: “user name”). You agree to provide accurate, complete, and updated account information. Failure to do so will constitute a breach of this agreement that may result in immediate termination of the right to use the account.

    You may not (a) select or use a user name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, or (c) use a user name that I, at my sole discretion, deem inappropriate or offensive.
    You are responsible for maintaining the confidentiality of your user name and password, and you will be responsible for all uses of your user name and password whether or not authorized by you.

  1. You may not share your account/subscription with others. You may not give your account/subscription/user name/password details to others. You may not transfer, assign or give your account/subscription to anyone else.

  2. You must notify me by e-mail of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your user name and password. I will have no liability for any circumstances arising from the unauthorized use of your name, password or account. Any fraudulent, abusive, or otherwise illegal activity on your account may be reported to appropriate law-enforcement agencies by me. You are solely responsible for providing all computer hardware, telephone and other equipment necessary to access this site, including without limitation Internet access software and modems.

Payment and Billing

  1. All payments for all subscriptions are done through this site, in advance, according to the courses subscribed to. Payment options are detailed on the site and are updated from time to time.

  2. Each subscriber will be billed according to the payment arrangement undertaken and agreed to by the subscriber.

  3. A subscription shall begin on the day of receipt of subscription confirmation from Giselle and shall be in force for the duration of that subscription.

  4. The billing system will use the details of the credit card you provided (or through your PayPal account), in order to make the payments mentioned in this agreement. If for any reason whatsoever, your bank and/or credit card provider refuses payment through said credit card, Giselle has the right to immediately freeze or revoke your subscription – thus terminating this agreement – and to collect your debt at a later date.

  5. To stop your subscription, you must contact Giselle and inform her of your request by sending an e-mail to [email protected].

  6. You hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.

  7. You understand and agree that cancellation of your account is your sole right and remedy with respect to any dispute you may have with Giselle. Giselle has the right, at her sole discretion, to terminate or suspend forthwith and without prior notice any subscriber’s account and/or access to this site or any part thereof.

  8. In any case, Giselle shall not return any funds paid in advance by any subscriber for any period in which said subscriber did not use his subscription, even if a notice of termination was provided during said period.

  1. The site uses data encryption methods in order to protect your personal and credit card details and ensure their confidentiality.

  2. Giselle reserves the right to change the price of subscriptions, their type, basis or the number of payments allowed, provided Giselle gives prior notice in this site and via e-mail to the subscriber.

  3. Giselle reserves the right to cancel any purchase in case of a clerical error made by Giselle or anyone on her behalf with respect to the description or price of an item, or if it turns out that the purchase was tainted by an illegal action, or by any action that breaches this agreement, on the part of the purchaser.

  4. Refunds may be made by Giselle, at her sole discretion, only in one of the following situations:

    1. (a)  If within 30 days of purchase, a subscriber wishes to cancel her/his subscription because the subscriber is not satisfied with his/her purchase. [A prerequisite to such a refund is either (1) no use has been made with respect to the materials purchased; or (2) full use of has been made with respect to the materials purchased, including viewing all classes and submitting all assignments to Giselle].

    2. (b)  If an error in billing has occurred, which is not in accordance with the billing information published through the site – a refund of the difference will be made.

Links to Other Web Sites

21. This site may include links to other Internet sites solely as a convenience to users. Giselle does not endorse any such sites or the information, material, products or services contained on or accessible through the sites, and you access and use such sites, including information, material, products and services therein, solely at your own risk.

Disclaimer of Warranty

  1. GISELLE AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  2. ALL INFORMATION, SERVICES, CONTENT AND ANY OTHER MATERIALS PUBLISHED OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GISELLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ABSENCE OF VIRUSES, OR ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. GISELLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GISELLE

DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ALSO, THERE IS NO WARRANTY OF CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GISELLE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SUBSCRIBERS ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

  1. GISELLE DISCLAIMS AND SUBSCRIBER HEREBY WAIVES ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF COMPATIBILITY BETWEEN THE MATERIALS, SERVICES, SOFTWARE AND DATA PROVIDED BY GISELLE AND ANY SUBSCRIBER OWNED AND/OR OPERATED SYSTEM, OPERATING SYSTEM, COMPUTER, EQUIPMENT OR SOFTWARE, OR ANY LIABILITY IN NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, WITH RESPECT TO THE MATERIALS, DATA AND SERVICES FURNISHED HEREUNDER.

  2. GISELLE DOES NOT GUARANTY ANY RESULTS ARISING FROM USING THIS SITE AND/OR ITS CONTENTS AND/OR ANY MATERIALS FOUND ON IT – AND YOU THEREFORE ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT HAVE ANY CLAIM, CAUSE AND/OR DEMAND AGAINST GISELLE, IF YOU DO NOT GET THE RESULT YOU WERE EXPECTING AND/OR AIMING FOR. However, a refund may be available, if you qualify for the conditions detailed in Section 17 above.

  3. THE USE OF THIS SITE AND/OR ITS CONTENTS AND/OR ANY MATERIALS FOUND ON IT, IS SOLELY YOUR OWN RESPONSIBILITY.

Limitation of Liability

  1. IN NO EVENT SHALL GISELLE BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF THE MATERIALS ON THIS SITE AND/OR FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  2. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN PART. IN NO EVENT SHALL GISELLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO GISELLE.

  3. WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH THIS SITE, GISELLE’S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE PRODUCTS AND/OR PROGRAMS, OR, AT GISELLE’S ELECTION, TO THE REPAYMENT OR CREDITING OF SUBSCRIBER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND

THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE/COUNTRY STATUTES MIGHT APPLY REGARDING LIMITATION OF LIABILITY.

Indemnification

30. You agree to indemnify, defend and hold harmless Giselle from any liability, loss, damage, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of this agreement; (ii) your posting of material to this site; and/or (iii) your actions and/or omissions.

Intellectual Property

  1. All materials on this site (as well as the organization and layout of the site) are the property of Giselle and are protected by various laws. No material may be copied, reproduced, republished, uploaded, posted, transmitted, marketed, be made available to the public, displayed in public, made into a derivative work, translated or distributed in any way. Modification of the materials or use of the materials for any purpose other than self-learning (including the use of any such material on any other website or networked computer environment) is a violation of Giselle’s copyright and other proprietary rights, or the copyright and other proprietary rights of third parties with whom Giselle has contracted for the right to such materials. Any unauthorized use of these materials may subject you to civil liability and criminal prosecution under applicable laws.

    It is prohibited to copy, distribute or transfer any part of this site, in part or in full, including, without limitation, this site’s design, without the prior written consent of Giselle.

  2. The techniques taught in the courses are the exclusive property of Giselle. These techniques are not to be re-taught, sold, transferred, copied or imitated by anyone without prior written consent from Giselle.

  3. Some parts of the software and methods used on this site may also be protected by patents. Therefore copying from this site and/or using, distributing and/or performing any other action with respect to any part or material of this site, might also constitute patent infringement – without derogating from the fact it also constitutes copyright infringement, unjust enrichment and any other violation of any applicable law.

  4. It is prohibited to employ or to facilitate the employment of any computer application or other means, including, without limitation, crawlers, robots and similar software, which scan, copy and/or retrieve, in part or in full, information and contents from the site. Accordingly, it is prohibited to produce or use such means in order to create a compilation, collection or database that will contain contents from the site. This prohibition does not apply to the operation of general search engines that link directly to the site.

  5. Subscribers and users of this site may send suggestions, ideas and recommendations with respect to new courses, new materials, technological advancements, etc. ("User Suggestions"). You hereby agree that by sending Giselle User Suggestions, you declare that there is no legal limitation on you to send such User Suggestions to Giselle, and you give Giselle permission to use such User Suggestions freely, without any limitations or stipulations, free of any charge or obligation of future payment or giving credit. Obviously, Giselle is not obligated to use any User Suggestions.

  6.  As part of Giselle's courses, you will be submitting "homework" assignments to Giselle. You hereby give Giselle irrevocable, free of charge, non-exclusive license to use any such "homework" submitted by you as Giselle sees fit, at Giselle's sole discretion, including for and as part of any commercial use. You also hereby agree that by sending Giselle your "homework", you declare that there is no legal limitation on you to do so, inrter alia, as you own all rights in and to all such "homework".

Changes to Site

  1. Giselle may make improvements or changes to the information, services, products and other materials on this site, or terminate this site, or any part thereof, at any time, without notice. Giselle may also impose limits on certain features or restrict your access to parts or all of the features of this site, without notice or liability. Giselle may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review this agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.

  2. Giselle may, from time to time, have special events or content available on this site, which will be subject to additional terms and conditions that will be made available for your review. You agree that if you, or anyone using your account, uses or accesses such special events or content, such additional terms and conditions shall be binding.

Privacy

39. Giselle is committed to protecting the privacy of website visitors and does not share personally identifiable information with third parties without your prior consent. You should consult the Privacy Policy for more information on my information collection, use and disclosure practices. You acknowledge that, although Giselle agrees to use her best efforts to comply with and to ensure that users, content providers, distributors and licensees comply with the Privacy Policy, Giselle cannot be held responsible for the actions of third parties who violate said Privacy Policy.

Force Majeure

40. Giselle will NOT be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond her reasonable control: act of God, accident, riot, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy or services.

Miscellaneous

41. In the event any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.

  1. Giselle may transfer and/or assign any and all of her rights and obligations under this Agreement and upon such assignment/transfer, Giselle shall be relieved of any further obligation hereunder. You represent to Giselle that you have the authority to subscribe to and to use this site according to the terms and conditions of this Agreement and of your individual subscription.

  2. This agreement and the resolution of any dispute related to this Agreement or the site shall be solely governed by and solely construed in accordance with the laws of England, without giving effect to any principles of conflicts of law.

  3. Giselle’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right.

  4. If there is any contradiction or inconsistency between anything stated elsewhere in the site and this agreement, the provisions of this agreement shall prevail.

  5. This agreement and the resolution of any dispute related to this Agreement or the site shall be solely governed by and solely construed in accordance with the laws of Israel, without giving effect to any principles of conflicts of law.
    Any legal action or proceeding between Giselle and you related to this agreement or site shall be brought exclusively before the appropriate court of competent jurisdiction sitting in Tel-Aviv, Israel.

  6. You consent to receive communications from Giselle and the site electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, including commercial and advertisement communications. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

Acceptance

48. By using and/or subscribing to this site, you hereby acknowledge that you have read and understand all of the foregoing agreement, as may be amended or modified from time to time according to its terms, and agree to be bound by all of the terms and conditions hereof.

Questions

49. If you have any questions about this agreement, please contact us.