ENI OKEN DESIGNS, INC

TERMS OF USE AND PRIVACY RIGHTS NOTICE

About Eni Oken Designs, Inc.

For complete terms, visit Eni Oken Designs' website here: Terms of Use and Privacy Policy

Eni Oken Designs, Inc. (“EOD”) is a corporation based in El Segundo, CA, USA, owned and run by artist and art instructor Eni Oken.

EOD is in the business of producing and selling digital lessons online in the form of downloadable PDF e-books or downloadable videos (“EOD Lessons”), mostly instructing on art, jewelry making, design and Zentangle®. EOD Lessons can be purchased individually or through a subscription, and are delivered via download links contained in emails or hosted webpages. EOD also designs, produces and sells tangible retail products such as printed books, scarves, card games, artwork, clothing and other accessories (“Products”).

When you acquire Products or EOD Lessons through EOD's points of sale, you agree to be legally bound by the terms of this contract, including also any Supplemental Terms such as the Privacy and Copyright Policies.

You acknowledge that you have legal authority to enter into this contract and that you are at least 18 years of age. EOD reserves the right to change the terms and conditions set forth herein, which changes will be binding on all purchasers and users. If you do not agree with these terms, then please do not acquire products or EOD Lessons from EOD.

Currently our Website, its Products and Lessons are designed for and intended for users in the United States. We make no representation that our website or EOD Lessons and Products are appropriate for, or available to, users in locations outside the United States. Accessing the Website and EOD Lessons from territories where the Content is illegal is prohibited. If you choose to access the Website and Lessons from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with all applicable laws. This Site is directed at those over the age of 18.

About EOD Lessons and Products

Buyers of EOD Lessons and Products (“Buyers”) have the option of purchasing through several online channels: (1) enioken.com (EOD's Website), (2) a third-party hosted ecommerce store Gumroad.com (“Gumroad”), (3) a third-party hosted ecommerce store Etsy.com (“Etsy”), (4) a third party manufacturer of tangible goods QP Printing (“MakePlayingCards”), (5) a third party print-on-demand online store Lulu.com (“Lulu”), (6) a third-party print-on-demand manufacturer of tangible goods ArtofWhere.com (“Art of Where”).

When Buyers purchase directly at EOD Website, their payment information is collected by Sendowl.com (“Sendowl”)’s website cart and processed by Paypal.com (“Paypal”) or Stripe.com (“Stripe”) payment gateways.

In all other instances, Buyers are redirected to third-party vendors who will collect the Buyer’s financial information and complete their orders. So please review their Terms of Use, as they may differ from ours.

EOD may store some personal information such as Buyer's name, email, country and purchase information like products bought, date of purchase and amount spent. However, financial information pertaining to credit card or bank accounts is not stored. That information is collected and stored by third-party services (see below for complete breakdown).

Buyers of EOD Lessons are responsible for downloading their EOD Lessons immediately after purchase, since download links and download webpages expire and change location frequently due to security and technical upgrades. As a courtesy, EOD may provide a new download link or download webpage to a previous Buyer whenever possible. Otherwise, Buyers must purchase their EOD Lessons again.

Buyers purchasing through third-party vendors other than EOD Website using Sendowl must contact these vendors if they need assistance or help.

A Buyer may send an EOD Lesson as a gift to another person. To do so, the Buyer must include the other person’s name and correct email address at the time of checkout.

Since EOD Lessons are non-tangible, downloadable items that are delivered immediately, all sales are final. EOD does not offer refunds on digital orders unless there is a verifiable EOD mistake or duplicate order (see exceptions below). If, on the rare occasion, you receive an electronic file from EOD that was damaged through no fault of the Buyer and prior to it being received by you, we will be happy to investigate and provide a replacement copy. To obtain a replacement copy, please contact us at https://www.enioken.com/contact.

Use of EOD Lessons and Their Content

EOD Lessons are distributed in different digital formats, such as video, portable document files, and image files (“downloadables”). EOD hereby grants to each purchaser a limited and non-exclusive license to download and print ONE COPY of each downloadable file for your PERSONAL USE only. You may not sell, distribute, share, copy or otherwise duplicate any EOD Lessons or downloadables without express written consent from EOD. You can also not hold yourself as owner or creator of the Lessons and downloadables.

If you have purchased an EOD Lesson for another person, then only that other person can print and view it.

You can display online the work you have created and learned through EOD Lessons, provided that appropriate credit to EOD is at all times clearly and visibly displayed in writing. Such credit should read “Learned from Eni Oken at enioken.com”, or contain substantially equivalent language.

No Commercial Use - Exceptions

You may not use this website, anything contained on it or anything downloaded or otherwise derived from it (including without limitation EOD Lessons and designs) for commercial purposes of any kind whatsoever, without the express written consent of EOD. This prohibition extends to any and all distribution and copying.

-- Exceptions.

1. You can teach live, in-person classes with the information you learned through your EOD Lessons, provided that you give the following credit at the time of the class both verbally and in writing: “Learned from Eni Oken at enioken.com”, or contain substantially equivalent language. Therefore, absent express written permission from EOD, you may NOT teach, instruct or act as a consultant/advisor of EOD Lessons or any information obtained therefrom other than in the single limited method described above.
2. You may use techniques learned from EOD, but only to create your own specific designs, provided that they are substantially unique from EOD designs and do not otherwise infringe upon the rights held in those designs by EOD or others.

These are the only exceptions to the commercial use prohibition.

The foregoing prohibitions include use of online or through other forms of electronic communication, regardless of the format. These prohibitions further include use of or participation in live streaming, videos, e-books, etc. as a teacher, instructor, consultant/advisor of EOD Lessons, even if you have created new text and images of your own. Furthermore, you may NOT write, create, publish or distribute any educational materials that include information learned through EOD's Lessons, including books in print, without express written permission from EOD.

About Art Club Subscription

Art Club is a monthly subscription service offered by EOD. Upon signing up, Art Club subscribers (“Clubbers”) receive an email with a personalized email link and passkey. The passkey cannot be changed by the Clubber. The email link grants access to a growing list of EOD Lessons.

The EOD Lessons offered by Art Club are selected by EOD, with no possibility of exchanges. EOD also determines the content, date of release, length and format of all new EOD Lessons. Clubbers will receive an email when a new EOD Lesson is released, at which time they will be permitted to download the EOD Lesson. Accordingly, Clubbers should periodically check their email inbox for such notices.

Another benefit of being a Clubber is access to a private Art Club Facebook group, through which Clubbers can ask questions, exchange information with other Clubbers and post their student work. Clubbers must abide by all of Facebook's terms as well as group guidelines to participate. Participation in the Art Club Facebook group is entirely optional.

Occasionally EOD might post content exclusively for Clubbers (“Bonus Content”). EOD determines the content, if any, date of release, length and format of all Bonus Content. Bonus Content cannot be exchanged or replaced for other content.

Clubbers may grant EOD permission to post their work on EOD's website in the student galleries section. Student work is displayed as text or as Facebook post screen grabs which may include student's name, message and photos.

Cancellation of Art Club Subscription

Clubbers can cancel their subscription at any time by contacting us at eni@enioken.com. Upon cancellation, access to personalized lists, downloadables and the Facebook group will be prohibited. Therefore, Clubbers are encouraged to download all of their EOD Lessons prior to cancellation. Please note, however, that student gallery posts may not be removed absent a specific request.

Intellectual Property Rights Policies

Except where otherwise stated, all text, images and other content posted on EOD website and inside the Lessons, as well as the EOD Lessons themselves, are owned by and belong to Eni Oken Designs, Inc. All intellectual property rights not belonging to EOD belong to their respective owners. Any text, images, or other content (especially, e.g., certain posts and ‘screengrabs’) not belonging to EOD have been posted with permission from or by their owners. Unless you inform EOD otherwise, anything you post or submit to EOD will be presumed to 1) have originated with you or 2) if not, that you have obtained any and all necessary permission(s) to post or submit it to EOD for the uses identified herein.

Eni Oken is a Certified Zentangle® Teacher. The Zentangle® Method is an easy-to-learn, relaxing and fun way to create beautiful images by drawing structured patterns. It was created by Rick Roberts and Maria Thomas. “Zentangle” is a registered trademark of Zentangle, Inc. Learn more at zentangle.com.

Copyright Infringement

EOD does not tolerate infringement of intellectual property rights (i.e., copyrights, trademarks and patent rights), and appropriate action will be taken to protect the rights of all such owners. Frivolous or unfounded accusations of infringement will also not be tolerated. If you believe any content or design posted on this site has been copied without permission, we suggest that you stop for a moment and evaluate if you really know who owns those rights before contacting us.

If you are certain that you are the RIGHTFUL owner (or their legal representative) of the content and feel those rights have been violated, we recommend that you first contact the offending poster directly. If this procedure does not cause the content to be removed, you can request a formal TAKE-DOWN notice according to the DMCA (Digital Millennium Copyright Act) of the offending material from our site. These procedures must be followed rigorously in order for our site to comply with DMCA (Digital Millenium Copyright Act) Copyright law. All requests and notices must be submitted to our agent Eni Oken via email eni@enioken.com or mailed by postal mail to Copyright c/o Eni Oken 200 S. Barrington Ave. PO Box 491393, Los Angeles, CA 90049. To be effective, the notification must include the following:

i. An electronic or physical signature of the copyright owner or the person authorized to act on its behalf;

ii. A description of the copyrighted work claimed to have been infringed;

iii. A description of the location of the infringing material and information reasonably sufficient to permit EOD to locate the material;

iv. Your contact information, including your address, telephone number, and email address;

v. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi. A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Upon receiving a proper notification as described above, will may remove the offending content within 10 days. We will also submit any DMCA take-down notices to any other party affected by it.

Please note that, under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to large civil penalties and damages incurred by us, any copyright owner, or any copyright owner's licensee. You may also be subject to criminal prosecution for perjury.

Disclaimer of Warranties.

THE FOREGOING ARE NON-NEGOTIABLE AND ARE BINDING, BUT ARE SUBJECT TO APPLICABLE LAW:
THE PRODUCTS, SERVICES, MATERIALS, LESSONS AND OTHER INFORMATION OFFERED ON AND WITHIN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL VIEWING AND USE OF THIS WEBSITE, AS WELL AS ALL PURCHASING AND/OR DOWNLOADING AND/OR PRINTING OF ANYTHING FROM IT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EOD HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, COMPUTER SYSTEMS OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY DAMAGE TO YOU OR YOUR PROPERTY. FURTHERMORE, EOD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, SERVICES OR POSTED CONTENT. AS A COURTESY TO YOU, WE MAY PROVIDE LINKS AND ACCESS TO THIRD-PARTY COMPANIES. IF YOU CLICK ON THOSE LINKS OR OTHERWISE ACCESS THE INFORMATION FROM SUCH LINKS, YOU, NOT US, ARE RESPONSIBLE FOR REVIEWING AND COMPLYING WITH THE COMPANY POLICIES APPLICABLE TO SAME. YOU AGREE THAT NEITHER EOD NOR ITS AFFILIATED OR RELATED ENTITIES ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR CAUSE OF ACTION OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, SERVICE, MATERIAL, LESSON OR OTHER INFORMATION OR OPINIONS PROVIDED ON AND THROUGH THE WEBSITE.

LIMITATION OF LIABILITY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND LESSONS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EOD, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING FROM ANY BREACH OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM YOUR USE OF THE WEBSITE AND LESSONS PROVIDED BY EOD. THE ENTIRE LIABILITY OF EOD, ITS OFFICERS, CLIENTS, PROVIDERS, AND AUTHORIZED AGENTS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Breach of These Terms and Conditions

Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely terminate your participation or subscription and/or refuse to provide our Website and EOD Lessons to you if, within our sole and independent judgment: (a) you materially breach, or we reasonably anticipate that you are about to materially breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; (c) you fail to pay any amount due by the due date; or (d) we believe that your actions may cause financial loss or legal liability for you or EOD. We may also terminate this Agreement at any time, with or without cause.

Choice of Law and Jurisdictional Issues

These Terms, including but not limited to the Privacy Policy, shall be governed by the laws of the State of California, without regard to principles of conflicts of law. You submit to the exclusive personal jurisdiction of the state and federal courts located in Los Angeles County, California and the Southern District of California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

No Minors

We do not knowingly collect information from anyone under the age of 18. Our Site is directed at and intended for those who are over the age of 18. If someone is under the age of 18, they should only use this site under the supervision of an adult or parent, and should not submit any information to this Site.

Assignment and Succession

Notwithstanding any other provision of these Terms, EOD, its successors and assigns, may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

Termination

EOD may terminate your use of the EOD Lessons at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Each Buyer further agrees that if his or her access is terminated for any reason, they will not attempt to access or buy EOD Lessons and Products under a new name, real or assumed. If the Buyer violates this restriction by attempting to acquire EOD Lessons and Products after being terminated, they will indemnify and hold us harmless for any and all liability that we may incur.

Moreover, should EOD be dissolved, sold, transferred or end for any reason, partially or entirely, Buyers may no longer have access to their EOD Lessons. As buyers are responsible for immediately downloading all their EOD Lesson videos, printables and PDF e-books, this is another reason for buyers to do so.

Compliance With ADA

It is our goal to comply fully with the Americans With Disabilities Act (“ADA”), making access to our services available to as many people as possible. If you have any suggestions to make access to our site easier, please contact us, as we continue to improve our services and products.

Notice

You hereby consent to receive communications from EOD electronically. Unless otherwise indicated, please direct notices to EOD as follows: 1) Mailing address: Eni Oken Designs, Inc, EaZy Communities, P.O. Box 491393 Los Angeles, CA 90049 and/or email https://www.enioken.com/contact

Entire Agreement

These Terms of Use, including the Privacy Policy and any supplemental terms and policies, constitute the entire agreement between you and EOD. No waiver or any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of EOD. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.

Updated June 22, 2018

For complete terms, visit Eni Oken Designs' website here: Terms of Use and Privacy Policy