Terms of use Caress
To view this page in Spanish, please click here | ||
Para ver esta página en el español, por favor clic aquí | ||
These Terms of Use take effect from 1 June 2024. These Terms of Use constitute an agreement between us and you. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SERVICE, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT (INCLUDING THAT YOU ARE 18 YEARS’ OLD OR OVER) TO AGREE TO THESE TERMS OF USE. If you do not agree to these Terms of Use, or if you are not legally competent to agree to them, then you may not use the Service or any services offered on the Service.
We recommend that you print or otherwise download and save a copy of these Terms of Use for your records, as well as any future versions of them, as we may update them from time to time. You can download a printable copy of these Terms of Use here. 1. Ownership and Operation These Terms of Use apply to your use of the websites, applications, and other online platforms which link to or display these Terms of Use (the “Service”), which is provided by TIGI Linea Corp. (d/b/a Elida Beauty)(“Elida Beauty,” “we,” “us”, or “our”)for Elida Beauty’s various brands.The Service is provided for your information and to allow you to interact with us and our brands. Elida Beauty may, in its sole discretion and at any time, modify, suspend or discontinue the Service or specific portions of it. 2. Agreement to Be Bound; Termination Your access to and use of the Service constitutes your agreement with Elida Beauty to be bound by, and to act in accordance with, these Terms of Use. From time to time, Elida Beauty may make available as part of the Service or through another platform, specific features that may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers. Unless otherwise expressly set forth in such additional terms and conditions, any additional terms or conditions are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and any additional terms and conditions, the additional terms and conditions will control with respect to the specific feature. You may terminate your use of the Service at any time. Elida Beauty may suspend, discontinue or terminate your access to or use of the Service at any time immediately and without prior notice or obligation to you (i) if you violate any of the terms contained in these Terms of Use as determined by Elida Beauty in its sole discretion, or (ii) for any other reason in Elida Beauty’s sole discretion. Elida Beauty may notify you of any such suspension, discontinuance or termination by posting a notice on the Service, on any webpage opened when using the Service, by email to an email address you provided to Elida Beauty upon enrollment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of the Service during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of the Service, you must uninstall any Software (as defined below) downloaded from the Service and promptly destroy all Content (as defined below) obtained through the Service, as well as any copies of such Content. You agree that Elida Beauty shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to the Service. 3. User Accounts If you register an account on the Service (an “Account”), you:
4. Continuing Agreement We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the Service to keep up to date with the current terms regarding your use of the Service. You can identify whether these Terms of Use have been revised since your last visit by looking at the effective date at the top of these Terms of Use. All changes are effective immediately when we post them. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, “Applicable Laws”), your use of the Service reaffirms your continuing agreement to the then-current Terms of Use. 5. Ownership and Use of the Service and Content All right, title and interest in and to the Service, including all text, designs, images, videos, graphics, Software and other content on the Service (collectively, “Content”), are owned by Elida Beauty and its licensors. Elida Beauty also owns or has a right to use all trademarks, service marks, logos, and trade names used on the Service (collectively, “Trademarks”). Elida Beauty grants to you a limited, revocable, non-exclusive, non-sublicensable and otherwise non-transferable license to access and use the Service (including any Content) and to download one copy of the Content on any single computer or device for your own personal, non-commercial home use strictly in accordance with these Terms of Use. Elida Beauty may in its sole discretion suspend, discontinue or terminate this license at any time for any reason. No part of the Service may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system (including, without limitation, any social media or social networking website, any blogs or other online or offline publication, or any retail website) in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Service or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on the Service, as determined by Elida Beauty in its sole discretion. Any modification of the Content or use of the Content for any other purpose is a violation of Elida Beauty’s or its licensors’ copyright and other proprietary rights. The use of any such Content on any other service or computer network without Elida Beauty’s written consent is strictly prohibited. Your use of the Trademarks in any manner other than as authorized in these Terms of Use, or as authorized in writing by Elida Beauty, is strictly prohibited. All rights not expressly granted to you are reserved by Elida Beauty or its licensors. 6. Software From time to time Elida Beauty may make available as part of the Content on the Service particular software including files, images and data relating to the software (the “Software”). You do not own the Software, and Elida Beauty does not transfer ownership of the Software to you, but merely grants you the limited rights set forth in these Terms of Use. Elida Beauty and its licensors retain full ownership of and title to the Software and all intellectual property rights in and related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Software that is downloaded through the Service is subject to United States export control laws. If you download Software from the Service, you represent and warrant to Elida Beauty that you are not acting in violation of those laws. 8. Privacy Please review our Privacy Policy for information about how we use your personal data. Please review our Cookie Notice for information on how we use cookies. 9. User Code of Conduct In using or accessing the Service, you agree, without limitation:
In addition, you agree that you will comply with all Applicable Laws that relate to your use of or activities in connection with the Service. You also agree to act consistent with the requirements set forth in these Terms of Use and the requirements of Elida Beauty. You agree to immediately notify Elida Beauty if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use, including any unauthorized access to your Account. If you so notify Elida Beauty, or we otherwise suspect such activity, you agree to cooperate with Elida Beauty in any investigation and to use any prevention measures we prescribe. 12. Contests/Sweepstakes/Competitions/Prize Draws Any sweepstakes, contests, competitions, prize drawings, games and/or promotional offers accessible on the Service are governed by specific rules and/or terms and conditions. By entering a sweepstake, competition, prize draw or contest, or participating in such games or promotional offers available on the Service, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms of Use, the rules and/or terms and conditions for the sweepstake, contest, competition, prize draw, game or promotional offer will govern for that program, but only to the extent of the conflict. Any sweepstakes, contests, competitions, prize draws, games and/or promotional offers made available or advertised on Third Party Sites accessible from the Service (such as those of social media partners like Facebook and X (formerly, Twitter)), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on the Service, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those Third Party Sites. 13. Geographic Scope of Site The Service is directed to users in the United States and is not directed to consumers outside of the United States. Elida Beauty makes no representation that materials in the Service or the products described thereby are appropriate or available for use in other locations. All visitors to the Service are responsible for compliance with all local laws applicable to them with respect to the content and operation of the Service. 14. Links to Other Sites For your convenience and enjoyment, the Service may provide links to other third party web sites on the World Wide Web that are not operated by Elida Beauty (“Third Party Site”). Elida Beauty has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. Elida Beauty may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by Elida Beauty to, or an endorsement by Elida Beauty of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. Elida Beauty is not responsible for webcasting or any other form of transmission received from any linked Third Party Site. In addition, Elida Beauty is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites. If you determine to share any information about any Elida Beauty products through a social network platform, including through links provided by Elida Beauty through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by Elida Beauty, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform. 15. CONTENTS OF THE SERVICE – DISCLAIMER THE CONTENT ON THE SERVICE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS-AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ELIDA BEAUTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ELIDA BEAUTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THE SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. ELIDA BEAUTY UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION. IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THE SERVICE, YOU WILL BE EXPOSED TO USER SUBMISSIONS POSTED AND/OR SUBMITTED BY USERS. ELIDA BEAUTY IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER SUBMISSIONS, AND ELIDA BEAUTY DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER SUBMISSIONS. IN ADDITION, ELIDA BEAUTY CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER SUBMISSIONS WILL NOT APPEAR ON THE SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER SUBMISSIONS ON THE SERVICE, ELIDA BEAUTY IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER SUBMISSIONS OR ACTIVITIES OF USERS ON THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER SUBMISSIONS ARE NOT NECESSARILY THOSE OF ELIDA BEAUTY OR ITS AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS. 16. OPERATION OF THE SERVICE – DISCLAIMER ELIDA BEAUTY ENDEAVOURS TO MAINTAIN THE SERVICE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THE SERVICE, ELIDA BEAUTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ELIDA BEAUTY MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT ELIDA BEAUTY) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE SERVICE. 17. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL ELIDA BEAUTY, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “ELIDA BEAUTY PARTIES”) BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THE SERVICE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE. THE ELIDA BEAUTY PARTIES SHALL NOT BE LIABLE EVEN IF ELIDA BEAUTY OR A ELIDA BEAUTY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT. 18. Limitations as to Paragraphs 14, 15 and 16 Applicable Laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the Elida Beauty Parties’ total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the Service. 19. Indemnification You hereby agree to defend, indemnify and hold the Elida Beauty Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney’s fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of your use of the Service, your User Submissions, your breach or alleged breach of these Terms of Use, including any of your warranties, representations or agreements hereunder, your violation of Applicable Laws, or your violation of any rights of another person or entity. 20. Copyright The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where the material that you claim is infringing is located, with enough detail that we may find it; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. We suggest that you consult your legal advisor before filing a notice with us. We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Service or making submissions. 21. Disputes; applicable Law; Jurisdiction; class action waiver; arbitration waiver IMPORTANT NOTICE: These Terms of Use are governed by the laws of New York and the courts of New York have exclusive jurisdiction to settle any controversy, claim or dispute arising out of or in connection with these Terms of Use. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND ELIDA BEAUTY ARE EACH WAIVING THE RIGHT TO ARBITRATION PROCESS, A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM. 22. Severability If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. 23. No Waiver No failure on the part of Elida Beauty to enforce any part of these Terms of Use shall constitute a waiver of any of Elida Beauty’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Elida Beauty nor the reliance of any person on Elida Beauty’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Elida Beauty shall have any legal effect whatsoever. 24. No Legal Effect The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect. To return to the site you were visiting, press the back button on your browser. 25. Legal Notices & Electronic Communications Except as explicitly stated otherwise, any notices you send to us shall be sent to: E-mail: legal@elidabeauty.com; or Post: TIGI Linea Corp, 1655 Waters Ridge, City of Lewisville, Texas, 75057, USA In the case of notices we send to you, you consent to receive notices and other communications by our: (i) posting notices on the Service, (ii) sending you an email at the email address listed in your profile in your Account, or (iii) mailing a notice to you at your billing address listed in your profile in your Account. You agree that all agreements, notices, disclosures, and other communications that we provide to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. |
||
To return to the site you were visiting, press the back button on your browser. | ||
Last Updated: 1 June 2024Copyright © 2024 TIGI Linea Corp. (d/b/a Elida Beauty). All rights reserved. |