Welcome to Glamour Cache, LLC’s website, which is located at the domain glamourcache.com (the “Website”). The following Terms & Conditions are in effect and apply when you view or use any of the various web pages that comprise the Website. Please review the following Terms & Conditions, as by assessing or using the Website, you agree to these Terms & Conditions. If you should disagree with our Terms & Conditions, you may not access our Website. The terms “we,” “us,” and “our” refer to Glamour Cache, LLC (the “Company”). “You” refers to you, as a user of the Website.
PRIVACY POLICY
Use of the Website is subject to the Company’s Privacy Policy. Please refer to our Privacy Policy for further details about our data collection practices.
LINKS TO OTHER SITES AND/OR MATERIALS
Links contained on the Website may be to websites owned and/or operated by third parties. The Company provides these links merely as a courtesy and convenience to other users and you. If you decide to leave the Website and access linked third party websites, you do so at your own risk. The Company does not control these websites, nor the content contained therein. The Company cannot guarantee the accuracy, reliability, or currency of the information provided by these third party websites. The Company does not investigate or monitor the content contained on these third party websites. The Company is not responsible for applications, software, or content available or installed from third party websites. Information contained on these third party websites may not reflect the views or opinions of the Company, its representatives, or employees. Accordingly, links to these third party websites are not intended to imply or constitute an endorsement or recommendation of these third party websites, nor any services or goods offered or provided therein.
USE RESTRICTIONS
Your permission to use the Website is conditioned upon the following Use Restrictions and Conduct Restrictions. You agree that you will not under any circumstances:
• Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• Use the Website for any unlawful purpose or for the promotion of illegal activities;
• Attempt to, or harass, abuse or harm the Company, its employees, representatives, or agents, or another person, group, or organization;
• Use another user’s account without permission;
• Provide false or inaccurate information when registering an account;
• Provide fraudulent information when purchasing items;
• Interfere or attempt to interfere with the proper functioning of the Website;
• Make any automated use of the system;
• Take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• Bypass any robot exclusion headers or other measures we take to restrict access to the Website or use any software, technology, or device to scrape, spider, or crawl the Website or harvest or manipulate data; or
• Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS
You and other users may be able to provide personalized content on the Website (“User Content”), such as, but not limited to, product reviews. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Website. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Website at its discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Website, you agree as follows:
• You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
• You will not post information that is malicious, false, defamatory, or inaccurate;
• You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
• You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms & Conditions , remove any and/or all of your submissions, and terminate your account with or without prior notice.
• You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Website is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Website.
CONTENT DISCLAIMER
The opinions, advice, statements, offers, advertisements, or other information or content made available through the Website should not be relied upon. Any opinions, advice, statements, offers, advertisements, or other information or content that are made available through the Website, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Website and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Website. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website, or transmitted to users.
The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Website, and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. The Company takes no responsibility and assumes no liability for any content and User Content that you or any other user or third party posts or sends over the Website. Under no circumstances shall the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website, or transmitted to users, whether provided by the Company or in the form of User Content.
The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Website, please contact us contact@glamourcache.com.
PRICING ERRORS & OMISSIONS
All prices and stated availability of items on the Website are subject to change without notice. If a product is listed with an erroneous price or quantity, we reserve the right to refund and cancel your purchase. We reserve this right even if your credit card has been billed and the order has been confirmed.
ORDER ACCEPTANCE
Receipt of an order confirmation does not signify acceptance of your order by Glamour Cache, LLC, nor does it constitute our offer to sell. Glamour Cache, LLC reserves the right to accept or decline orders for any reason, without regard for whether an order has been confirmed.
ELECTRONIC COMMUNICATIONS
For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms & Conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Company and special offers. You may opt out of such email by sending an email to contact@glamourcache.com.
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Opting out may prevent you from receiving messages regarding the Company or special offers.
If you subscribed to our newsletter and wish to be removed, please use the unsubscribe form available here.
RULES FOR USER CONDUCT AND USE OF THE WEBSITE
The Company does not sell items to individuals under the age of 18. Only adults may purchase items on this Website. If you are under the age of 18, you must have a natural or legal guardian’s permission to access this Website. Use of this website by anyone under the age of 18, without the consent of the holder of parental responsibility over the child, is violation of our Terms & Conditions. If you provide User Content, you agree to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts.
The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of infringing content material on the Website. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at contact@glamourcache.com:
• The date of your notification;
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
• Information reasonably sufficient to permit the Website provider to contact you, such as an address, telephone number, and/or email address;
• 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
• 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.
(c) Counter-Notices
If you believe that your User Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
• Your physical or electronic signature;
• A description of the content that has been removed and the location at which the content appeared before it was removed;
• A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Website in 10 to 14 business days or more after receipt of the counter-notice.
LICENSE GRANT
By posting any User Content via the Website, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for any use the Company deems fit.
INTELLECTUAL PROPERTY
You acknowledge and agree that our licensors and us retain ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, trademarks and other proprietary rights. The modification, reproduction, uploading, posting, transmission, and distribution of the content of this Website, by any means, without the permission of the Company, is strictly prohibited. Use of intellectual property that has been provided under license (i.e. by our licensors) is strictly prohibited. Other product and company names that are mentioned on the Website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Website’s e-mail and messaging system will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
WARRANTY DISCLAIMER
THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE WEBSITE. IN CERTAIN JURISDICTIONS THAT LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, THIS PROVISION MAY NOT APPLY.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE; (C) THE WEBSITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE WEBSITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
MODIFICATION OF TERMS & CONDITIONS
We can amend these Terms & Conditions at any time and will update these Terms & Conditions in the event of any such amendments. It is your sole responsibility to check the Website from time to time to view any such changes in the Agreement. If you continue to use the Website, you signify your agreement to our revisions to these Terms & Conditions . Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.
GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms & Conditions and your use of the Website are governed by the federal laws of the United States of America and the laws of the State of New York without regard to conflict of law provisions. The Company may assign or delegate these Terms & Conditions and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms & Conditions e or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS & CONDITIONS, UNDERSTAND THE TERMS & CONDITIONS, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS & CONDITIONS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT.
Last Updated: These Terms & Conditions were last updated on February 9, 2023.
