Terms of Service
Last updated as of October 29, 2025
Please read the following terms of service agreement carefully. By accessing, browsing, or using our website (https://marktuan.com) (the “Site”) or our services, you hereby agree to be bound by these terms and conditions and all terms incorporated herein by this reference. It is your responsibility to read the terms and conditions before proceeding to use this Site. If you do not expressly agree to all of the terms and conditions, then please do not access or use our Site or our services.
The Site is provided by: Dreamers and Achievers, Inc. (“Dreamers and Achievers” or
“Company”), a California corporation, located at 1618 S 10th Avenue, Arcadia, CA 91006. For any questions or concerns, please contact us via email at marktuandna@gmail.com.
These terms and conditions (this “Agreement” or “Terms”) represent a legal agreement between< you, on the one hand, and Company on the other hand. This Agreement supersedes any and all previous agreements.
OVERVIEW
The Site is operated by Company. Throughout the Site, the terms “we”, “us” and “our” refer to Company. Company offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Site and/or purchasing something from us and/or our third-party service providers, you engage in our “Service” and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control. Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. The amended terms of service and the effective date shall be published through the Services, from no later than 7 days prior to the effective date to the day before the effective date. If the amended terms of service include any change that is adversarial to a member, the notice shall be published from no later than 30 days before the effective date to the day before the effective date; an e-mail notice that includes the amended terms of service and effective date shall be sent to the existing members. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those
changes.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are at least thirteen (13) years of age. If you are considered a minor in your country, state or province of residence, then your legal parent(s) and/or guardian(s) must read and agree to be bound by these Terms. By continuing to use our Site, you represent that either (1) you are of majority age in your country, state or province of
residence and consent to the Terms herein; or (2) you are the parent(s) and/or legal guardian(s) of a minor dependent and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our Site, any of its contents, or products provided by our third-party partners and/or service providers for any illegal or unauthorized purpose nor may you, in the use of our Site, any of its contents, or products provided by our third-party partners and/or service providers violate any laws in your jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- restrict, suspend or terminate your access to all or any part of our Site;
- change, suspend or discontinue all or any part of our Site;
- refuse, move, or remove any content that is available on all or any part of our Site;
- deactivate or delete your accounts; or
- establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any content or contact on the Site, without express written permission by us.
Company owns all of the content on our Site and/or use such content under authorization from licensors. You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Company’s content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Company or the copyright owner if it is not Company. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms.
SECTION 2 - CREATING AN ACCOUNT
As of the date hereof, our Site only allows you to register for a newsletter by entering your email. Any access to the artist’s shop is via a third-party provider, and that third-party provider provides
its own terms of service and privacy policy that you will need to agree to separately. The
references herein to “creating an account” refer solely to signing up to receive our newsletter at
this time. However, Company reserves the right to add additional services and/or products to our Site and Service and collect additional information in connection with such additional services and/or products. In the event of such additions, these Terms shall apply unless replaced and superseded by new terms of service, which Company reserves the right to do at any time. Once you create an account with us, you are registered on the Site. The terms “member,” “membership,” and “account” all refer to this registration. If you are merely surfing or browsing the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.
When you create an account, you will provide your email and/or other information. You are responsible for keeping any login information secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Company is not responsible for third-party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used any of your information, including
without limitation your username, email, or password, without your authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
- furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
- maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Company will have sufficient grounds and rights to suspend or terminate the member in violation of this Agreement and as such refuse any and all current or future use of Company
services, or any portion thereof.
SECTION 3 - CONDUCT
As a user or member of the Site, you acknowledge, understand and agree that all content,
information, text, software, data, photographs, music, video, messages, tags or any other content
is owned by Company and/or used under authorization by Company from a valid licensor. For
any user-originated content, the sole responsibility for such content lies with the individual from whom the content originated. Company does not guarantee the accuracy, integrity or quality of any content on the Site. It is expressly understood that by use of our Services, you may be
exposed to content including, but not limited to, errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Company and not originating with Company.
Furthermore, you agree not to make use of Company’s Site and/or Services for the purpose of:
- uploading, posting, emailing, transmitting, or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, or invasive of another's privacy, or which is hateful or otherwise objectionable;
- causing harm to another person (including, without limitation, minors) or to our
legitimate business interests in any manner whatsoever; - impersonating any individual or entity, including, but not limited to, any Company personnel, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law or contractual or fiduciary relationship;
- uploading, posting, emailing, transmitting or otherwise offering any content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other formof solicitation, except in any such areas (if any) that are designated for such purpose;
- uploading, posting, emailing, transmitting, or otherwise offering any source material that may contain a software virus or other computer code, files and/or programs designed to interfere with, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment, including sending spam, phishing, pharming, pretexting, spidering, crawling, or scraping;
- intentionally or unintentionally violating any local, state, federal, national or international law, including any regulations having the force of law; and/or “stalking” or otherwise harassing another individual.
Company reserves the right to pre-screen, refuse and/or delete any content currently available
through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate these Terms or which would otherwise be considered offensive to other
visitors, users and/or members.
Company reserves the right to access, preserve and/or disclose member account information
and/or content if it is requested to do so by law or in a good-faith belief that such action is reasonably necessary for:
- compliance with any legal process;
- enforcement of these Terms;
- responding to any claim that content is in violation of the rights of any third party;
- responding to requests for customer service; or
- protecting the rights, property or personal safety of Company, its visitors, users and
members, including the general public.
Company reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Company or any other content
providers supplying content services to Company. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore,
unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, in whole or in part, is expressly prohibited.
SECTION 4 - USER SUBMITTED CONTENT
You hereby grant to Company the below listed worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable license, as applicable, in connection with any content, ideas,
information, and/or other materials you submit as a member or user of the Site, to permit
Company to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display such content, ideas, information, and/or other materials on our Site and in connection with our Services.
In addition, if and when you submit any such content, ideas, information, and/or other materials
to our Site or Service, you acknowledge and agree that:
- your contributions do not contain any type of confidential or proprietary information;
- Company shall not be liable or under any obligation to ensure or maintain confidentiality,
express or implied, related to any such content, ideas, information, and/or materials; - Company shall be entitled to make use of and/or disclose any such contributions in any
manner as it may see fit pursuant to the aforementioned license; - such content, ideas, information, and/or materials shall automatically become the sole
property of Company; and - Company is under no obligation to use or provide any form of compensation or
reimbursement for any such content, ideas, information, and/or materials.
SECTION 5 - INDEMNITY
By using and accessing the Site and our Service, you agree to defend, indemnify, and hold us
(including our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers,
and employees) harmless from any claims, damages, losses, liabilities, costs, or expenses,
including legal fees, arising from:
- your use of the Site and our Service, including any data or content you transmit or receive;
- your violation of these Terms, including any breach of your representations and warranties;
- your violation of any third-party rights, such as privacy or intellectual property rights;
- your violation of any statutory laws, rules, or regulations;
- any content, ideas, information or other materials you submit (including any malicious code, worms, and/or viruses contained therein);
- allowing third-party access to the Service using your email, username, password, or other security measures (including any instance of misleading, false, or inaccurate information provided to us); and/or
- your intentional misconduct.
SECTION 6 - COMMERCIAL REUSE OF SERVICES
You agree not to replicate, duplicate, copy, trade, sell, resell, nor exploit for any commercial
reason any part of, use of, or access to Company’s Site and/or Service.
SECTION 7 - MODIFICATIONS
Company reserves the right, at any time it may deem fit, to modify, alter and/or discontinue, whether temporarily or permanently, our Site and/or Service (or any part thereof), with or without prior notice. We shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Site and/or Service, or any part thereof.
SECTION 8 – TERMINATION
You may unsubscribe from our newsletter and/or cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to
[EMAIL].
You agree that Company may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your access to our newsletter, your account, any email associated with your account, and access to any of our Services, with or without cause. Any such termination may include, but is not limited to, any and/or all of the following:
- the removal of any access to all or part of the Services offered on our Site;
- the deletion of your password and any and all related information, files, and any content that may be associated with or inside your account (or any part thereof); and
- the barring of any further use of all or part of our Services.
SECTION 9 - LINKS
Either Company or any third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and we do not endorse nor are we responsible or liable for any content, products, advertising or other materials on or available from such third-party sites or resources.
Furthermore, you acknowledge and agree that Company 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 the use of, or reliance on, any such content, goods or services made available on or through any such site or resource.
SECTION 10 - WARRANTY DISCLAIMERS
You expressly acknowledge and agree that the use of Site and Services is at your sole risk. Our Site and Service are provided on an “as is” and/or “as available” basis. Company (including our subsidiaries, affiliates, officers, employees, agents, partners and licensors) expressly disclaims any and all warranties of any kind, whether express or implied, including but not limited to implied warranties of title, merchantability, durability, fitness for a particular purpose and non-infringement. Company and our subsidiaries, officers, employees, agents, partners and licensors make no warranties that the Site and/or our Service:
- will meet your requirements;
- will be uninterrupted, timely, secure or error-free; and/or
- will be accurate or reliable.
You understand and agree that any information or material downloaded or otherwise obtained by way of our Site or Services is accessed at your sole discretion and sole risk. You are solely responsible for, and you hereby waive any and all claims and causes of action with respect to, any damage to your computer, device, and/or internet access, or any loss of data that could result
from the download of any such information or material.
You understand that a small percentage of users may experience epileptic seizures or other discomfort when exposed to certain light patterns or backgrounds on a computer screen or while using our Site or Service. Certain conditions may induce previously undetected epileptic symptoms in users with no history of prior seizures. You should consult a physician if you experience any of the following symptoms while using our Site or Service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
SECTION 11 - LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEITHER COMPANY, NOR OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS, SHALL BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO THE LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA; - STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE; AND
- ANY OTHER MATTER RELATED TO OUR SERVICE.
SECTION 12 - RELEASE
In the event you have a dispute with one or more other users or any third party, you agree to release Company (and its officers, directors, employees, agents, parent companies, subsidiaries, affiliates, co-branders, partners and any other third parties) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SECTION 13 - NOTICE
Company may furnish you with notices, including those regarding any changes to these Terms, through any of the following means: email, regular mail, SMS or MMS text messages, postings on our website, or other reasonable means now known or later developed. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
SECTION 14 - INTELLECTUAL PROPERTY RIGHTS
You acknowledge, understand and agree that all of the trademarks, copyrights, trade names, service marks, logos, brand features, product and service names related to our Site and Service are the property of Company. You agree not to display and/or use in any manner the Company name, logo or marks without obtaining Company’s prior written consent. Company will always respect the intellectual property of others, and we ask that all of our users do the same. Under appropriate circumstances and at its sole discretion, Company may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in a way that constitutes copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should notify us immediately.
The Company agent for notice of claims of copyright or other intellectual property infringement
can be contacted as follows:
Mailing Address:
Dreamers and Achievers, Inc.
Attn: Copyright Agent
1618 S 10th Avenue
Arcadia, CA 91006
Phone: 626-272-5255
Email: marktuandna@gmail.com
SECTION 15 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you (on the one hand) and Company (on the other hand), and this Agreement shall govern the use of our Site and our Services, superseding any prior version of this Agreement between you and us with respect to the Site and Service. You may also be subject to additional terms and conditions that may apply when you access third-party content, sites or services via our Site or Service.
SECTION 16 - CHOICE OF LAW AND FORUM/DISPUTE RESOLUTION
You agree that the relationship between the parties shall be governed by the laws of the United States and the State of California, without regard to its conflict of law provisions. Further, any and all claims, causes of action and/or disputes arising out of or relating to this Agreement or the relationship between you and Company. shall be filed in the courts having jurisdiction within the County of Los Angeles, California, or in the U.S. District Court for the Southern District of California (located in Los Angeles). You agree to submit to the jurisdiction of such courts and waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
In addition to the above, you may resolve any dispute or claim arising from your use of our Services through binding individual arbitration, rather than in court.
SECTION 17 - WAIVER AND SEVERABILITY OF TERMS
At any time, should Company fail to exercise or enforce any right or provision of this Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties; intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.
SECTION 18 –RIGHT OF SURVIVORSHIP/TRANSFERABILITY/ASSIGNMENT
You acknowledge, understand and agree that your account is non-transferable and any rights to your information and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
You may not assign or transfer these Terms or any of your rights or obligations in this Agreement without our prior consent. Any attempted assignment in violation of the foregoing is null and void. We may freely assign this Agreement as part of a merger, acquisition, or transfer of assets.
SECTION 19 - STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or this Agreement must be filed within one (1) year after said claim or cause of action arose, or else it shall be forever barred.
SECTION 20 - VIOLATIONS
Please report any and all violations of this Agreement to Company at the mailing address and email below:
Mailing Address:
Dreamers and Achievers, Inc.
1618 S 10th Avenue
Arcadia, CA 91006
Email: marktuandna@gmail.com
SECTION 21 - GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas, or court orders, or to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.
SECTION 22 - FOREIGN ACCESS OF SITE
The Site is controlled, operated and administered by Company from our offices [within the United States]. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use Company’s content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
SECTION 23 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel fulfillment if any information on the Site or on any related site is inaccurate at any time without prior notice (including after you have submitted an order). We undertake no obligation to update, amend or clarify information on the Site or on any related site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related site should be taken to indicate that all information on the Site or on any related site has been modified or updated.
SECTION 24 - PRIVACY POLICY
Our Privacy Policy can be found [HERE] and is hereby incorporated herein by this reference. By using our Site and Service, you agree to be bound by our Privacy Policy as part of these Terms.
You consent to the collection and use of the information you provide, including the transfer of information within the United States and/or other countries for storage, processing or use by Company and/or our subsidiaries, affiliates, co-branders, partners and other third parties. By signing up for our newsletter, you agree to receive electronic communications from us, including
marketing and sales emails.
SECTION 25 - TRANSACTIONS AND PAYMENTS
Our Site offers products for sale. Any such purchases are agreements between you and Company.
You agree to pay all charges at prices in effect when incurred. All sales may be subject to separate terms of sale or additional policies posted on the Site. We reserve the right to correct pricing errors and update or cancel orders if any information on our Site is inaccurate at the time of order (including after you have submitted an order). Refunds and cancellations, if permitted, will be handled in accordance with those separate terms or as required by applicable law.