My Bleu Beauty 

Terms of Use 

Updated: 

The following Terms of Use are entered into by and between You and My Bleu Beauty (“Bleu Beauty,” “Company,” “we,” or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms”), govern your access to and use of our website, mybleubeauty.com (the “Site”). 

Please read the Terms carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Term including the agreements incorporated by reference herein, you must not access or use the Site.

This Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. 

1. MODIFICATION OF TERMS

We reserve the right to change or modify these Terms at any time and in our sole discretion.  If we make changes to these Terms, we will provide notice of such changes, such as by updating the “Last Updated” date at the beginning of these Terms.  By continuing to use the Site at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.  You should review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site.  If you do not agree to the revised Terms, you may not access or use the Site.

2. PRIVACY POLICY

Please refer to our Privacy Policy for information about how we collect, use and share your personal information.  By submitting your personal information through the Site, you expressly consent to the collection, use, and disclosure of personal information in accordance with the Privacy Policy.

3. COMMUNICATIONS

By using the Site, you agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you. We may also send you promotional communications via email and/or SMS text, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these communications at any time by following the unsubscribe instructions provided therein.

By signing up to receive SMS marketing, you agree to receive recurring text notifications.  Message frequency varies.  Consent is not a condition of purchase. 

If you wish to unsubscribe from receiving text message marketing and/or notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provide within any of our messages.  You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at [bb@orcashop.co].  

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information. 

Your right to privacy is important to us.  Please see our Privacy Policy for more information. 

1. ONLINE STORE 
2. Pricing and Fees. The price you pay for the product is the price displayed on the checkout page when you place your order, and not other prices are applicable.  Notwithstanding the preceding sentence, while we try and ensure that all prices on the Site are accurate, errors may occur.  If we discover an error in the price of products you have placed an order for, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling.  If we are unable to contact you, we will treat the order as cancelled and provide a refund.  If you cancel the order in such cases, you will receive a refund or credit. You are responsible for all fees and taxes.  We reserve the right to increase costs at any time with or without notice to you. Further terms and conditions relating to the Site may apply.

Payments. Payment processing services, including the processing and storing of credit card data, are provided by a third party processor and are subject to that party’s terms and conditions.  By agreeing to these Terms, and continuing to use the Site, you agree to be bound to that party’s terms, as the same may be modified by that party from time to time.  As a condition of our enabling payment processing through that party, you agree to provide us with accurate and complete information about you, and you authorize us to share your information with our processor.  

Currency. The base currency currently used on the Site is U.S. Dollars. Pricing may be offered in other currencies, and in such cases the pricing is calculated according to the rate of exchange between the base currency and the currency that you select when placing your order. We reserve the right to update such exchange rates regularly, in our sole discretion, and you acknowledge that such updates may affect product pricing. You will be charged according to the applicable exchange rate at the time you place your order.

Refunds.  We do not offer refunds on fulfilled orders. 

Shipping and Delivery.  Delivery charges and timeframes vary depending on the type of product ordered, the shipping method you select, and the delivery address.  You will be responsible for ensuring that the product under your order complies with applicable import laws and for paying any applicable import duties and taxes, as well as any customs clearance fees that are levied by the importing country at the time the shipment arrives in your country.

Our Rights.  We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We further reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

1. LIMITED LICENSE

You are hereby granted a limited, revocable, nonexclusive, nontransferable, nonassignable, non-sublicensable, “as-is” license to access and use the Site and related content for your own personal, non-commercial use; provided, however, that such license is subject to the Terms and does not include any right to (i) sell, resell, or use commercially the Site, (ii) distribute, publicly perform, or publicly display any content, (iii) modify or otherwise make any derivative uses of the Site, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Site, except as expressly permitted by us, and (vi) use the Site other than for their intended purposes. This license is subject to your compliance with these Terms.

2. MATERIALS AND CONTENT 

No materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all materials that are part of the Site, information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software, the HTML used to generate the pages, the Company name, trademarks, designs, logos, copyright, any Bleu Beauty branded products, and all other intellectual property and proprietary rights therein and thereto (collectively, “Materials and Content”), are copyrights, trademarks, trade dress or other intellectual property and proprietary rights owned, controlled, or licensed by Company or its subsidiaries and affiliates upon the terms hereunder. Conditioned upon your compliance with these Terms of Use, you may only use the Materials and Content and the Site for your personal, noncommercial use; any other use of the Materials and Content or Site without Company’s express written consent in each instance is strictly prohibited. No right, title, or interest in any Materials and Content is granted or transferred to you as a result of your access or use thereof. Unless otherwise noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the Materials and Content or Site. Unauthorized use of the Materials and Content is expressly prohibited by law, and may result in severe civil and criminal penalties. 

Bleu Beauty puts forth its best efforts to ensure that the information provided on the Site is accurate but cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any damage caused as a result of any errors or omissions on the Site or the Materials and Content.

The Company may, from time to time, provide information from a third party in the form of a podcast, sound recording, article, blog post, or any other medium. The Company does not control the information provided by such third-party guest contributors. The Company cannot guarantee the accuracy of any information provided by any third-party guest contributor nor is the Company responsible for investigating the accuracy of any information provided.

By using the Site, you accept personal responsibility for the results of your actions.  You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Site. You agree to use judgment and conduct due diligence before taking any actions or inaction suggested or recommended on this Site. 

PROPRIETARY RIGHTS 

We respect the intellectual property of others and ask that our users do the same. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied or used on the Site in a way that constitutes copyright infringement, please send the following information to our Copyright Agent at [bb@orcashop.co]:

• Your address, telephone number, and email address.
• A description of the copyrighted work that your claim has been infringed.
• A description of where the alleged infringing material is located on the Site.
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with the requirements of the section, your notice may not be valid. 

The Company may, at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe upon the intellectual property rights of others.

1. EXTERNAL SITES

The Site may include hyperlinks to other websites or resources (collectively, the “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products, or other materials on or made available from or through any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.

1. PROHIBITED USES

You may not attempt or cause to attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, by hacking, password “cracking,” or any other illegitimate means.  You may not breach or cause to breach the security or authentication measures on the Site, or any other systems or networks connected to the Site, or otherwise attempt to interfere with the proper functioning of the Site.  You will not falsify your identity or impersonate another person, engage in conduct that limits the use and enjoyment of the Site, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.

In addition, you agree not to and will not assist another to:

1. reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, in whole or in part, except as expressly permitted by us;
2. upload, post or store any materials that directly or indirectly contain viruses, corrupted files or any other similar harmful mechanism;
3. link to, mirror, or frame any portion of the Site without our prior express written permission;
4. scrape, index, survey, or data mine any portion of the Site or unduly burden or hinder the operation of the Site; or
5. remove any notice of the proprietary rights of our licensors and us from any portion of the Site or printed version thereof.
6. TERMINATION
7. You Terminate. You may terminate these Terms at any time by discontinuing your access to and use of the Site. If you use the Site again, you will be deemed to have agreed to the Site.
8. We Terminate. You agree that we, in our sole discretion, and for any or no reason, may terminate these Terms and suspend and/or terminate your access to the Site without prior notice.  You agree that we will not be liable to you or to any third party for any such suspension or termination.
9. Other Remedies Available. If we terminate these Terms or suspend or terminate your access to or use of the Site due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Uses), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
10. Effect of Termination. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Site or that is related to your accounts, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
11. INTERNATIONAL ISSUES

We operate the Site from the United States of America.  If you choose to access the Site from outside the United States of America, you are responsible for complying with applicable local laws.

1. DISCLAIMERS

THE SITE, CONTENT CONTAINED THEREIN, AND ITEMS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE OR ANY CONTENT CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR ANY ITEMS LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, ANY ITEMS, ANY STORIES INCLUDED ON THE SITE, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SITE, CONTENT (INCLUDING YOUR CONTENT), OR ANY ITEMS, PURCHASED, OR SOLD THROUGH THE SITE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID TO US BY YOU FOR THE SITE THAT IS THE SUBJECT OF THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

1. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms or your use of the Site, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site or User Content; (b) any feedback you provide; (c) your violation of these Terms; (d) your violation of the rights of any third party, including another user; (e) any breach or non-performance of any covenant or agreement made by you; (f) your User Content; or (g) any off-chain benefits (including the furnishing, or any failure to furnish, or any acts or omissions of or attributable to you or any third party in respect of the same). You agree to promptly notify the Company of any third-party Claims and cooperate with the Company in defending such Claims. You further agree that the Company shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY.

1. DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

These Terms of Use, including all matters of construction, validity, and performance, and all disputes arising out of or connected with the Terms of Use, the Site, and the Material and Content (each a “Dispute,” collectively, the “Disputes”), shall, in all respects, be governed by and construed in accordance with the laws of the State of California without regard to any principles of conflict of laws, except that the arbitration clause herein shall be governed by the Federal Arbitration Act. Any Dispute shall be settled by mediation under the Commercial Mediation procedures of the American Arbitration Association (the “AAA”), except that if mediation of a Dispute is not successful within two (2) months of appointment of a mediator, such Dispute shall be settled by individual arbitration under the Commercial Arbitration Rules of the AAA. The place of mediation or arbitration shall be the AAA office nearest to Agency’s principal place of business in California. The language of the mediation or arbitration shall be English. The arbitrator shall be an expert an attorney with experience in the field of intellectual property and advertising law. Notwithstanding this arbitration provision, any Dispute not resolved through arbitration that is less than $10,000 USD and qualifies for treatment on a non-jury basis in a small claims court of in California may be resolved in such small claims court on an individual basis at the election of either party. All Disputes shall be mediated, arbitrated, or litigated on an individual basis. You irrevocably waive any right it may otherwise have to proceed on a class or collective basis. Further, you irrevocably waive all right to trial by jury as well as any argument or claim of improper venue or forum non conveniens. The foregoing provisions shall not limit the right of Bleu Beauty to collect payments due or payable, or prevent either party from commencing any action or proceeding to compel arbitration, obtaining injunctive relief pending the appointment of an arbitrator, or obtaining execution of any award rendered in any such action or proceeding, or in any other manner provided venue for all such proceedings shall be in the state or federal courts within California. The parties shall bear their own expenses, except that parties shall equally share the expenses of any mediator or arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the Dispute). The prevailing party in any arbitration may seek from the arbitrator an award of the party’s reasonable outside attorneys’ fees and costs incurred. Judgment on any the award rendered by any arbitrator may be entered in any court having jurisdiction thereof.

1. GENERAL
   
   

Entire Agreement. These Terms, any applicable supplemental terms, and our Privacy Policy constitute the entire legal agreement between you and us and will be deemed to be the final and integrated agreement between you and us, and govern your access to and use of the Site, and completely replace any prior or contemporaneous agreements between you and us related to your access to or use of the Site, whether oral or written.

Third-Party Beneficiaries. Except as otherwise provided herein, these Terms are intended solely for the benefit of the Company and you and are not intended to confer third-party beneficiary rights upon any other person or entity.

Independent Contractor. Your relationship to the Company is that of an independent contractor, and neither party is an agent or partner of the other.

Interpretation.  The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.

Severability.  Should any part of these Terms be held invalid, illegal, void or unenforceable, that portion will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

No Waivers. Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.

Governing Law. All matters arising out of or relating to these Terms will be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States of America applicable therein without giving effect to any choice or conflict of law provision or rule.

Venue.  Subject to the above, any legal action or proceeding arising under these Terms will be brought exclusively in the State of California, Los Angeles County and we and you irrevocably consent to the personal jurisdiction and venue there.

Notices.  We may provide you with any notices (including, without limitation those regarding changes to these Terms) by email or postings on the Site. By providing us with your email address, you consent to our using the email address to send you any notices. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

Assignment. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate or in connection with an acquisition, sale or merger. These Terms shall be binding upon and inure to the benefit of the applicable parties and their successors and permitted assigns.

CONTACT

8383 Wilshire Blvd., Suite 400, Beverly Hills, CA 90211