No.1 Beauty & Cosmetic, Inc. Website Terms of Use
Terms of Use: Ownership & Agreement to Terms
These Terms of Use (“Terms of Use”) apply and control the Celavi Beauty & Cosmetics websites located at https://mycelavi.com/ (“Consumer Site”), https://celaviproducts.com (“Wholesale Site”) and all other Celavi sites around the word (herein collectively referred to as, the “Sites.”) The brand Celavi Beauty & cosmetics is owned and provided to you by No. 1 Beauty & Cosmetic, Inc (“Celavi” “we”, “us.”), and all subsidiaries and affiliates. In order to properly use the Sites, please read the following Terms of Use carefully.
BY USING OR ACCESSING THE SITES, YOU AGREE TO COMPLY TO THESE TERMS OF USE; IF YOU DO NOT AGREE OR ACCEPT THESE TERMS, DO NOT USE THE SITE.
Changes to These Terms of Use
Celavi reserves the rights, in sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. It is your (the users) responsibility to check these Terms of Use for any changes each time you use or access the Sites. Continued use of the Sites after any changes to these Terms means you agree and accept any changes to these Terms. In compliance with these Terms, Celavi, grants the user a personal, limited privilege, non-transferable, and non-exclusive right to enter and use the Sites.
Content
Text, designs, graphics, logos, icons, images, photographs, videos, audio, downloads, interfaces, code, software, products, features, tools, selection and arrangement (“look and feel”) including but not limited to the design, structure, selection, coordination, and expression contained on the Sites is owned, controlled or licensed by Celavi and is protected by trademark, trade dress, copyright, patent, and various other intellectual property rights and unfair competition laws.
Unless expressly provided in these Terms, no part or content from the Sites may be copied, reproduced, uploaded, encoded, “mirrored,” republished, posted, publicly displayed, transmitted, translated, or distributed in any way to any other computer, server, Web site, or other medium of publication for any commercial purpose, without Celavi’s prior signed written consent.
Any use of information on Celavi products and services (such as data, articles, or other similar materials) made available by Celavi for downloading from the Sites may be used on the sole condition that you: 1) will not remove any proprietary notice language on all copies of such documents; 2) use such information only for personal, non-commercial use; 3) do not broadcast, publish, or post such information on any computer or media outlet; 4) make no modifications to any such information obtained from Celavi Products, Services, or the Sites; and 5) do not make any additional representations or warranties relating to such documents.
In addition, you agree to abide by any and all additional restrictions displayed on the Sites, even restrictions that were recently modified. This license to use the Sites may be revoked at any time for any reason, and all rights not expressly granted are reserved by the applicable rights owner.
Privacy
Please review our Privacy Policy, which also governs your visit to the Sites and Third Party Sites, so that you understand our privacy practices. Celavi’s Privacy Policy applies to use of these Sites, and its terms are made a part of these Terms of Use by this reference. By using these Sites, you agree that transmissions over the Internet are never 100% private or secure and understand that any message or information sent to our Sites may be intercepted and read even if such transmission is encrypted.
Prohibited Activities
You may not use any robot, spider, other automatic device or manual process to monitor or copy the Sites or any content or information contained therein. You may not interfere or attempt to interfere in any manner with the proper functioning of the Sites. By participating in the Sites, you agree that you will not provide to Celavi or the Sites any viruses, worms, time bombs and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information and you will not submit any content that may create liability for Celavi.
You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites in any way, including but not limited to, hacking, mining, or any other illegitimate means. Additionally, you may not use the Sites or any content therein for any purpose that is unlawful, prohibited by the Terms of Use, or to solicit the performance of any illegal activity that infringes the rights of Celavi or others.
Links to Other Sites
The Sites may contain links to other websites, including but not limited to, other independent third-party web sites, which may be operated by third parties (“Third-Party Sites”). Third-Party Sites may be accessed through the Sites by links contained in advertisements, or sponsored links. These links are provided as a convenience to you, the viewer, and are not endorsed or affiliated with Celavi. Further, Celavi does not control any such Third-Party linked Sites or any information or materials contained on such Linked Sites. WE ACCEPT NO RESPONSIBILITY FOR ANY THIRD-PARTY SITES, AND HEREBY DISCLAIM ALL LIABILITY RELATED TO THEM. INDEPENDENT JUDGMENT MUST BE USED BEFORE ACCESSING ANY LINKED SITES AND DOING SO IS ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS OF USE FOR SUCH THIRD-PARTY SITES.
Purchase Related Policies & Other Terms
The products available on our Consumer Site and any samples we may provide you are for personal use only. You may not sell or resell any of the products, services, or samples that you receive from our Consumer Site directly, or purchase from the Consumer Site. Further, purchases from our Consumer Site are for end users (customers) only, in small quantities, and only sold in the United States.
At this time, the products displayed on https://celaviproducts.com (“Wholesale Site”) serves as a catalog for wholesale purchases only. For more wholesale policy information please see our wholesale policy and our Wholesale Policy terms are made a part of these Terms of Use by this reference. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Additional terms and conditions may apply to any purchase of goods or services from the Sites including, but not limited to, promotions, contests, or other similar features, all of which terms are made a part of these Terms of Use by this reference. If there is conflict between these Terms of Use and the terms posted on the goods or services, the latter shall control. For more information regarding returns, shipping, or customer service, please see our Returns Policy, Shipping Policy, and Customer Service Police and their terms are made a part of these Terms of Use by this reference.
Celavi may make changes to any products or services offered on the Sites, or to the applicable prices for any such products or services, at any time, and without notice. Any product or services represented on the Sites may be out of date, and Celavi makes no commitment to update the Sites with respect to such products and services. We also reserve the right to hold some items exclusively on our Consumer Website and other Celavi platforms. Inquiries regarding specific exclusive items may be reserved as an option to buy. Please direct all inquiries regarding reserved items to info@mycelavi.com.
Any purchase made from a retail/wholesale partner, or third party vendor within the United Stated or internationally has their own Terms and Conditions. For information on Terms and Condition for items offered from a retail/wholesale partner within the United States or internationally, please contact them directly.
Intellectual Property
All trademarks, logos, images, designs, trade names, service marks, trade dress, content and Third-Party content displayed on the Sites, including the look and feel (collectively referred to as “intellectual property”), are Celavi’s property or the property of our licensors, content providers or other third parties. Nothing in these Terms of Use or on the Sites shall be construed to grant, by implication, estoppels, or otherwise, any license or right to use any intellectual property without our or other intellectual property owner’s prior written consent.
Infringement Notice
We hold the intellectual property rights of others in high regard and request that you respect those rights accordingly. We have constructed and reasonably implemented a policy to respond to notices of potential infringement, in accordance with the Digital Millennium Copyright Act (DMCA), and to terminate users of the Site in appropriate circumstances involving infringement. The DMCA criminalizes production or dissemination of copyrighted works. If you believe your copyright or the copyright of a person or entity on whose behalf you are authorized to act has been infringed, you may notify us:
No.1 Beauty & Cosmetic, Inc. (Celavi Beauty & Cosmetics)
1585 Rio Vista Ave.
Los Angeles, California 90023
Attn.: Celavi, Trademark & Copyright Infringement
Telephone: 323.780.5710
Email: info@mycelavi.com
To be effective, your notification must:
- be in writing;
- include a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identify the material that is claimed to be infringing or to be the subject of infringement;
- statement of good faith belief that use of material is not authorized by copyright owner, agent, or the law;
- statement that the information in the notification is accurate, under penalty of perjury, and that complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- contact information of the complaining party, including but not limited to: an address, telephone number, and if available, an electronic email address to be contacted;
In accordance, we have an absolute right to remove any material from the Sites in our sole discretion at any time and have no obligation to: post, distribute, forward, transmit, or otherwise provide any material available on the Sites, including any material you provide us.
Violation of These Terms of Use
If we determine that any disclosure is necessary in connection with any investigation or complaint regarding your use of the Sites, or in connection with any legal action against someone who may cause injury or interference with Celavi’s rights or property, we may disclose any information, as deemed necessary, we have or obtained about you including, but not limited to your identity. We also reserve the right at all times to disclose any such information that Celavi deems necessary to comply with any applicable law, regulation, legal process or governmental request including, to prevent fraud and may disclose your information when we determine that any law requires or permits such disclosure .
You agree that Celavi may, in its sole discretion and without prior notice, terminate your access to the Sites and/or block future access to the Sites if we determine that you violated any of the Terms of Use in this or other agreements or guidelines that may be associated with your use of the Sites. Further, any violation of these Terms of Use causes unlawful or unfair business practice, and causes Celavi irreparable harm, for which monetary damages are inadequate. Thus, you consent to Celavi obtaining injunctive or equitable relief that Celavi deems necessary or appropriate in such circumstances. Any such remedies are in addition to any other remedies Celavi may have at law or equity.
If Celavi does take any legal action against you as a result of violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. Further, you agree that Celavi will not be liable to you or any third party for termination of your access to the Site as a result of any violation of these Terms.
Disclaimers
THE SITES, CONTENT, RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO PROMISE THAT THE SITES OR ANY CONTENT, SERVICE OR FEATURE OF THE SITES IS ERROR-FREE OR UNINTERRUPTED. THERE IS NO GUARANTEE THAT ANY DEFECT WILL BE CORRECTED, AND YOU HEREBY AGREE THAT YOUR USE OF THE SITES, CONTENT, OR ANY SERVICE OR MATERIAL WE PROVIDE IN CONNECTION WITH THE SITES IS AT YOUR SOLE RISK.
WE DO NOT ENSURE THAT ANY FILES OR OTHER DATA AVAILABLE FROM THE SITES, INCLUDING ANY MATERIAL THAT IS DOWNLOADED FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR HARMFUL FEATURES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SUITABILITY, TITLES, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR DEALING. THE SOLE REMEDY ELECTED TO YOU AGAINST CELAVI FOR ANY DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT RELATED TO THE SITES. WE RESERVE THE RIGHT TO RESTRICT, LIMIT, TERMINATE, MODIFY, OR SUSPEND ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME FOR ANY REASON. THIS DISCLAIMER AND LIMITATION OF RELIEF IS PART OF THE CONTRACT BETWEEN THE PARTIES.
Limitation of Liability
To the maximum extent permitted by law, in no event will Celavi, including our officers, directors, shareholders, contractors, employees, agents, successors, assignees, licensors, or third-party service providers be liable for any damages, including defamation, strict liability, indirect, exemplary, incidental, punitive, consequential, special, including lost profits, even if Celavi has been advised of the possibility of such damages. Further, as mentioned above, your sole and exclusive remedy for any of the above claims or any claims or dispute in connection with the Sites is to discontinue your use of the Sites.
These Terms of Use or any other policies on the Sites shall not be interpreted or construed to confer any rights or remedies on any third parties.
Indemnification
You hereby agree to indemnify and hold Celavi, our affiliates, respective officers, directors, shareholders, employees, contractors, agents, licensors, third-party service providers, successors, assigns, and subsidiaries, harmless from against any claims, judgments, demands, loss, liability, expenses, fines, penalties, and fees, including reasonable attorney fees, and court costs, made against Celavi due to or arising out of or in connection with your use of the Sites or the Sites Content other than as expressly authorized in these Terms of Use.
Jurisdiction and Applicable Law
You agree that the laws of the State of California govern the use of the Sites and Terms of Use, subject to any conflict of laws’ provisions. You agree and irrevocable consent to personal jurisdiction of the courts in Los Angeles County, California for any proceeding or action arising out of or relating to the use of this Site or these Terms. Any claim under these Terms must be brought within twelve (12) months, or one (1) year after the cause of action arises, or such claims is barred by latches. If any provision of these Terms of Use are deemed void or unenforceable, you hereby agree that such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that will best embody the intent of these Terms of Use, and will remain in full force and effect.
No Exporting
You agree that you may not use or export or re-export any content or any copy or adaption of such content, or any product or service offered on the Sites, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations.
Waiver and Severability
Celavi’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Celavi of any provision or right it has to enforce these Terms of Use.
Entire Agreement
These Terms of Use, and any terms or policies posted on the Sites, excluding terms and conditions by Third-Party Providers, constitute the entire and complete agreement and supersede all prior agreements. You acknowledge that entering into this Agreement and any ancillary agreements executed contemporaneously herewith, as a result of your own independent judgment.
Contact Information
If you want to contact us or have any questions, comments, or concerns about these Terms of Use, please contact us via email at: info@mycelavi.com or write to us at:
No.1 Beauty & Cosmetic, Inc. (Celavi Beauty & Cosmetics)
1585 Rio Vista Ave.
Los Angeles, California 90023
Thank you for visiting our Site.