Terms and Conditions
This Website Terms and Conditions of Use Agreement (“Agreement”) is between Valde, LLC., a California, USA limited liability company with offices located at 3940 Laurel Canyon Blvd. # 856, Studio City, CA 91604 (“Valde Beauty,” “Us,” “Our” or “We”) and you (“User,” “You” or “Your”) and is a legal agreement between You and Valde LLC. This Agreement is effective as of the date you access the Valde Beauty Website. This Agreement states the terms and conditions under which you may use the Valde Beauty Website. Please read this Agreement carefully before accessing and using the Valde Beauty Website. By using and accessing the Valde Beauty Website, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement. If You do not accept this Agreement, you may not access and use the Valde Beauty Website. Valde LLC may revise this Agreement at any time without notice by updating this Agreement. You should visit this web page periodically to review the Agreement.
B. In order to access some features of the Valde Beauty Website, You will have to create an account. By creating an account, you represent and warrant that You have a bona fide interest in the purchase of the products being offered through the Valde Beauty Website. Upon creation of an account, a user password will be forwarded to the email address You provided during registration. You may not use another’s account without permission. When creating an account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify Valde LLC immediately of any breach of security or unauthorized use of Your account. Valde LLC will not be liable for losses caused by any unauthorized use of Your account. However, You may be liable for the losses of Valde LLC or others due to such unauthorized use. Upon the creation of an account, You will receive email updates and information regarding the services and products of Valde LLC and its partners, affiliates or subsidiaries. You hereby grant Valde LLC the right to contact you by email, and via other means of communications in order for Valde LLC to provide You with such information.
D. The information on the Valde Beauty Website does not constitute a binding offer to sell products described on the Valde Beauty Website or to make such products available in Your area. Valde LLC reserves the right at any time after receipt of Your order to accept or decline Your order, or any portion thereof, in Valde LLC sole discretion, even after Your receipt of an order confirmation or after Your credit card has been charged. You may not purchase any item from the Valde Beauty Website for resale by You or any other person, and You may not resell any item purchased from the Valde Beauty Website. The prices displayed on the Valde Beauty Website are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, Valde LLC has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, Valde LLC will issue a credit to your credit card account.
2. Unauthorized Use
A. You shall not copy or download the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) or third party Content from the Valde Beauty Website without the prior written consent of Valde LLC. You shall not modify, reverse engineer, reproduce, display, publicly perform or distribute, including (without limitation) by framing or similar means, the Valde Beauty Website, Content or third party Content or use the Valde Beauty Website, Content or third party Content for public or commercial purposes. You shall not use the Valde Beauty Website, Content or third party Content on any other website. Notwithstanding the foregoing,
A. You may access Content or third party Content that constitute audiovisual work (“Valde Beauty Videos”) solely:
for your information and personal use;
for Streaming (as defined in Section 7F below).
You agree that any Valde Beauty Video that you are Streaming must be accompanied by the anchor text “Valde Beauty” and that such anchor text must contain a link to Valde Beauty’s home page (http:www.valdebeauty.com).
B. You may display certain Valde Beauty images and text on your website or on third party websites provided such Valde Beauty images and text are designated for such use by Valde LLC.
You agree that any such Valde Beauty images and texts must be accompanied by the anchor text “Valde Beauty” and that such anchor text must contain a link to Valde Beauty's home page (http:www.valdebeauty.com).
You agree to not engage in the use, copying, or distribution of any of the Content or third party Content other than as expressly permitted herein, including any use, copying, or distribution of any of the Content or third party Content (as that term is defined in Section 7(a) below) obtained through the Valde Beauty Website for any commercial purposes.
B. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Valde Beauty Website in a manner that sends bulk requests to the Valde Beauty servers. Notwithstanding the foregoing, Valde LLC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the Valde Beauty Website, but not caches or archives of the Valde Beauty Website. Valde LLC reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Valde Beauty Website nor to use the communication systems provided by the Valde Beauty Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Valde Beauty Website.
3. Ownership and Title
Title to the Valde Beauty Website and Content (excluding third party Content and User Submissions (as defined in Section 7 below)), including ownership rights to patents, copyrights, trademarks and trade secrets in connection with the Valde Beauty Website shall be the exclusive property of Valde LLC.
4. Removal of Infringing Material/Copyright Agent
A. Valde LLC does not permit infringement of intellectual property rights on the Valde Beauty Website. Valde LLC will remove all Content, third party Content and User Submissions if properly notified that such Content, third party Content or User Submission infringes on another’s intellectual property rights. Valde LLC reserves the right to remove User Submissions without prior notice. Valde LLC will also terminate a user’s access to the Valde Beauty Website if such user has been notified of infringing activity more than twice and/or has had a User Submission removed from the Valde Beauty Website more than twice. Valde LLC also reserves the right to decide whether Content, third party Content or a User Submission is appropriate. Valde LLC may remove inappropriate User Submissions and/or terminate a User’s access for uploading inappropriate User Submissions without prior notice and at its sole discretion.
B. If You believe that any User Submission or other Content or third party Content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Valde LLC to locate the material;
(iv) Information reasonably sufficient to permit Valde LLC to contact You, such as an address, telephone number, and email address;
(v) A statement 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 penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Valde LLC designated Copyright Agent to receive notifications of claimed infringement is: Steven M. Gluck, ESQ, firstname.lastname@example.org, 818-267-4718.
You acknowledge and agree that if you fail to comply with all of the requirements of this Section 4(B), your DMCA notice may not be valid.
Valde LLC shall retain all rights, title and ownership interests in the trademarks, trade names, service marks or trade dresses of Valde LLC (the “Valde LLC Marks”). Excepting the Valde LLC Marks, all other product and company names mentioned on the Valde Beauty Website may be the trademarks of their respective owners. These companies may or may not be affiliated with, connected to, or sponsored by Valde LLC.
6. No Contest
You acknowledge that the Valde Beauty Website, Content and third party Content are protected under laws, including (without limitation) United States of America and international copyright laws and treaties. Except as otherwise provided for in this Agreement, you shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of Valde LLC in connection with the Valde Beauty Website and Content or third party Content.
6. User Submissions
A. The Valde Beauty Website may now or in the future (at the sole discretion of Valde LLC) permit the submission of product reviews, videos, photos, audio content, text or other communications submitted by You and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. Any information posted or submitted by You on the Valde Beauty Website shall be deemed non-confidential.
B. You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. You warrant and represent that: (i) You own or have the right, to use and authorize Valde LLC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Valde Beauty Website and this Agreement; and (ii) You have the written consent, release, and/or permission of each and every individual person in the User Submission to use the name or likeness of each and every such individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Valde Beauty Website and this Agreement.
C. By submitting User Submissions to Valde LLC, You grant to Valde LLC, its affiliates and related entities and their successors and assigns a worldwide, royalty-free, perpetual, irrevocable, non-exclusive sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works of the User Submissions in connection with the Valde Beauty Website and Valde LLC business (and its successor’s business), including without limitation for promoting and redistributing part or all of the Valde Beauty Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Valde Beauty Website a non-exclusive license to access Your User Submissions through the Valde Beauty Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the Valde Beauty Website and under this Agreement.
D. In connection with User Submissions, You will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant Valde LLC all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Valde LLC or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
E. Valde LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, User Submissions.
F. You may access User Submissions solely:
for your information and personal use; and
“Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Valde Beauty Website to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Submission for any purpose or in any manner other than Streaming is expressly prohibited. User Submissions are made available “as is.”
You agree that any User Submission that you are Streaming must be accompanied by the anchor text “Valde Beauty” and that such anchor text must contain a link to Valde Beauty’s home page.
You agree to not engage in the use, copying, or distribution of any of the Content or third party Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions obtained through the Valde Beauty Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Valde Beauty Website or features that prevent or restrict use or copying of any Content or third party Content or enforce limitations on use of the Valde Beauty Website or the Content or third party Content therein.
You understand that when using the Valde Beauty Website, you will be exposed to User Submissions from a variety of sources, and that Valde LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Valde LLC with respect thereto, and agree to indemnify and hold Valde LLC, its suppliers, affiliates, subsidiaries, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Valde Beauty Website.
Notice Regarding Medical Advice
This site does not provide medical or other licensed professional advice. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medicine. The site materials, such as text, graphics, images, and information obtained from this site are for informational purposes only. The site is not intended to be a substitute for professional medical advice, diagnosis, or treatment or other professional services or advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this site. If you think you may have a medical emergency, call your doctor or 911 immediately.
8. Express Warranties:
You acknowledge and agree that Valde LLC (including officers, employees, agents, directors and independent contractors of Valde LLC) has not made or granted to You any express warranties concerning the Valde Beauty Website or Valde LLC products or services. Use and performance of Valde LLC products and services referenced on the Valde Beauty Website are subject to Valde LLC terms and conditions concerning such products and services as made available by Valde LLC. You acknowledge that the Valde Beauty Website does not constitute a grant of an express warranty concerning Valde LLC products and services and You waive any and all claims of warranty based on the Valde Beauty Website.
9. Warranty Limitation
The Valde Beauty Website is provided “as is” without warranty of any kind. Valde LLC to the fullest extent permitted by law, DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY and warranty of non-infringement of third party rights. Valde LLC does not warrant and YOU waive any warranty that use of or access to the Valde Beauty Website by you will be uninterrupted or error free. Valde LLC does not make any warranty and you waive any and all warranties as to the results obtained from use of the Valde Beauty Website or as to the accuracy, completeness, timeliness or reliability of the Valde Beauty Website. you acknowledge and agree that use of the Internet and the Valde Beauty Website shall be at your sole and exclusive risk and subject to the restrictions, terms and conditions, rules, regulations, policies AND applicable laws governing the Internet and the Valde Beauty Website.
You acknowledge that the Valde Beauty Website may contain errors, inaccuracies and omissions and assume any and all risk of loss, harm or damage associated with access to and use of the Valde Beauty Website.
11. Limitation of Liability
Neither Valde LLC, its affiliates, subsidiaries or suppliers shall be liable for any lost profits or consequential, exemplary, incidental or punitive damages hereunder (including, without limitation, in connection with (i) use, performance or operation of the Valde Beauty Website; (ii) use, performance or operation of the Internet or use of the Internet by you; and (iii) loss of data), regardless of the form of action, whether in contract or in tort, including negligence, regardless of whether Valde LLC has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable.
12. Limitation of Damages
The liability of Valde LLC, its affiliates, subsidiaries or suppliers for any reason and for any cause of action whatsoever in connection with this Agreement and the Valde Beauty Website, regardless of the form of action, whether in contract or in tort, including negligence, shall not exceed one hundred U.S. Dollars ($100). YOU AND VALDE LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VALDE BEAUTY WEBSITE OR THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to release, defend, indemnify and hold harmless Valde LLC (including its officers, directors, employees, affiliates, contractors and agents) against any expense, loss, cost or liability (including, without limitation, attorney fees) arising from any and all claims, demands, damages or actions resulting from or related to (i) use of the Valde Beauty Website or the Internet by You (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the Valde Beauty Website; (iii) User Submissions; (iv) Your negligence or acts (or any failure to act); or (v) any breach by You of Your obligations under this Agreement.
14. Export Assurance
You agree not to perform any act in conflict with or in violation of the export laws and regulations of the United States of America.
You acknowledge that the Valde Beauty Website contains links to third party websites which are provided solely as a convenience to You and do not constitute an endorsement by Valde LLC of such websites and the third party content found there.
16. Entire Agreement
17. Amendments and Modifications
If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
19. Governing Law
The Valde Beauty Website is based in California, USA. This Agreement is governed by the laws of the State of California, without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction, and venue shall be California, USA. If any material on the Valde Beauty Website, or Your use of the Valde Beauty Website, is contrary to the laws of the place where You are when You access it, the Valde Beauty Website is not intended for You, and You may not use the Valde Beauty Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
20. User Notice
All notices shall be in writing. Notices to You shall be deemed delivered when delivered to You electronically, by commercial overnight delivery service, by Certified or Registered Mail – Return Receipt Requested – or by hand. Notices to User shall be deemed given on the date notice is delivered electronically or by hand to User or on the date of receipt by User (as evidenced in the case of Certified or Registered Mail by Return Receipt), whichever occurs first. Notices delivered to User electronically (including, without limitation, electronic mail) shall be deemed written notices.
21. Valde LLC Notice
Notices to Valde LLC (excepting notices sent pursuant to Section 4(B) above) shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail – Return Receipt Requested – or by hand to the address set forth in the first paragraph of this Agreement for Valde LLC. Notices to Valde LLC shall be deemed given on the date notice is received by Valde LLC (as evidenced in the case of Certified or Registered Mail by Return Receipt).
22. Equitable Remedies
You acknowledge and agree that damages at law will be an inadequate remedy to Valde LLC. In addition to other rights which may be available, Valde LLC shall have the right of specific performance, injunction or other equitable remedy in the event of a breach or threatened breach of this Agreement by You.
Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
25. Litigation Expense
In the event of litigation or arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration.
This Agreement may be terminated by Valde LLC at any time without notice or cause. Any and all restrictions imposed upon You with respect to the Valde Beauty Website and the contents of the Valde Beauty Website and any and all disclaimers and limitations of liabilities set forth in this Agreement shall survive such termination.
Personally Identifiable Information is information that can be used to locate you, contact you, or determine your specific identity. We collect Personally Identifiable Information from you in several ways:
1. When you use this website, we ask you for basic information, such as your name, address, e-mail address, phone, user name and password and other basic contact information. In addition, if you choose to take advantage of some of our products and/or services, or to access certain of our tools or website functionality, you may be asked to provide financial information. You can choose not to provide us with Personally Identifiable Information, but then you may not be able to fully take advantage of certain features of this website and we may not be able to provide you with certain requested information, products and/or services.
2. In addition to the collection of Personally Identifiable Information, we may also automatically track certain information about you as you visit and use this website to help us to better understand how this website is used and to better serve you. This information may include your computer’s IP address, the URLs and website pages you have visited, the number of times you visit a particular website page, what downloads and/or search queries you have made, how long you spent on particular sections of this website and on the website generally, and your browser type. This automatically gathered data includes information provided through the use of “cookies.” A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website’s computers and stored on your computer’s hard drive. Each website can send its own cookies to your browser if your browser’s preferences allow it. We may set and access our own cookies on your computer. Information stored by us in cookies may be associated with your Personally Identifiable Information in order to identify you as a repeat visitor or customer of this website, to maintain session information for logged-in users, and to track usage trends and patterns in order to better understand and improve areas of this website
Disclosure of Personally Identifiable Information
In general, we will not disclose your Personally Identifiable Information to unaffiliated third parties without your express consent. There are, however, some limited circumstances in which we may need to disclose Personally Identifiable Information about a user:
1. For products and services provided on this website, the information you submit is used by us to provide the information, product or service you have requested. We may also share this information with others, but only to the extent necessary to fulfill your request or to facilitate your use of their services.
2. We may employ other companies to perform supporting functions for the various tools, functionality, products and services offered through this website on our behalf. We may need to share your Personally Identifiable Information to these companies. However, we will provide them with only that information necessary to perform their functions.
4. Unless you specify that you would prefer not to hear from us, we may use the e-mail address you provide at the time of registration to contact you for promotional or other purposes. You may have these communications terminated at any time by opting out through your member profile on this website, or by clicking on any “unsubscribe” link contained in a promotional e-mail.
6. We will reveal information, including Personally Identifiable Information, to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of any of your Personally Identifiable Information we will, if permitted by law, endeavor to notify you via the e-mail address you supplied during registration within a reasonable amount of time before we respond to the request.
7. We may transfer information we collect, including any Personally Identifiable Information, in connection with a sale of all or most of the assets of the company. Should your Personally Identifiable Information be transferred as the result of such sale, you will be notified via e-mail.
We employ reasonable security methods intended to prevent unauthorized access to Personally Identifiable Information.
No data transmission over the Internet or any wireless network can be guaranteed to be secure. As a result, while we try to protect your Personally Identifiable Information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.
Any transmission to this website of Personally Identifiable Information and credit card information uses SSL encryption.
This website may contains link to other websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage you to be aware when you leave this website and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies only to information collected by this website.
The website is not directed to children (persons under the age of 13), and we do not knowingly collect, either online or offline, personally identifiable information from children.
ATTENTION: California Residents
If you are a resident of California, you may be entitled to certain rights under the California Consumer Privacy Act of 2018 (“CCPA”).
Under the CCPA and its attendant proposed regulations, California residents have (a) the right to request access to the personal information collected in the previous 12 months; (b) the right to request deletion of personal information; and (c) the right to opt out of the “sale”, as defined under the CCPA, of personal information. These rights are subject to certain exemptions and exceptions as well as certain steps we must take to verify your identity.
Right to Know and Delete
When exercising your right to know, you have the right to request the following from us:
• The categories of personal information we collect about you;
• The categories of sources from which we collect your personal information;
• The business purpose for collecting your personal information;
• The categories of third parties with whom we share your personal information; and
• The specific pieces of personal information we have collected about you in the previous 12 months.
To request access to or deletion of your personal information, please submit your request to email@example.com with the subject line “MY CCPA Rights.”
When exercising your right to deletion please note that cancellation and deletion of your account will result in us and you being unable to access your account.
Right to Opt-out
We do not generally sell information as the term “sell” is traditionally understood. However, if and to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those implemented specifically for certain targeted advertising, California Residents may indicate your election by emailing firstname.lastname@example.org with the subject line “MY CCPA Rights” and we will comply with applicable law as to such activity.
For your protection, prior to actioning on any of your CCPA requests we will need to verify your identity.
If you elect to exercise any of your rights under CCPA, Valdé LLC will not deny services, provide a different price or rate for our services, or provide a different level of service to you because you exercised such rights.
California “Shine the Light” LawIf you are a California resident and have an established business relationship with us, you may request a notice disclosing the categories of personal information we have shared with third parties, for the third parties’ direct marketing purposes, during the preceding calendar year.
To request a notice, please submit your request by emailing email@example.com.