Privacy & Policy
What Information does Vidalux collect about me?
When you interact with the Vidalux Site, and/or Services, we collect Information that, alone or in combination with other data, could be used to identify you (“Personal Data”). Some of the Information we collect is stored in a manner that cannot be linked back to you (“Non-Personal Data”).
Information you provide us when you create an Account
When you sign up for or use our Service, you voluntarily give us certain Personal Data, including:
- Your username and/or email address, contact information and language preferences. If such functions are available on the Vidalux Site, and you log into Vidalux with a social networking credential, such as with your Facebook or Google+ account, we will ask permission to access basic information from that account, such as your name and email address. You can stop sharing that information with us at any time by removing Vidalux’s access to that account.
Collection of Content
We automatically collect certain “Content” as you use the Vidalux Site or the Service. This consists of all text, documents, or other content or information uploaded, entered, or otherwise transmitted by you in connection with your use of the Services.
Automatically collected Information
Certain data about the devices you use to connect with Vidalux and your use of the Vidalux Site, and/or Services are automatically logged in our systems, including:
- Location information. This is the geographic area where you use your computer and mobile devices (as indicated by an Internet Protocol [IP] address or similar identifier) when interacting with our Vidalux Site, and/or Services.
- Log data. As with most websites and technology services delivered over the internet, our servers automatically collect data when you access or use our Vidalux Site, and/or Services and record it in log files. This log data may include the IP address, browser type and settings, the date and time of use, information about browser configuration, language preferences, and cookie data.
- Usage information. This is information about the Vidalux Site, and/or Services you use and how you use them. We may also obtain data from our third-party partners and service providers to analyze how users use our Vidalux Site, and/or Services. For example, we will know how many users access a specific page on the Vidalux Site and which links they clicked on. We use this aggregated information to better understand and optimize the Vidalux Site.
- Device information. These are data from your computer or mobile device, such as the type of hardware and software you are using (for example, your operating system and browser type), as well as unique device identifiers for devices that are using Vidalux Software.
How does Vidalux use my Information?
We use, process, and store your Information as necessary to perform our contract with you and for our legitimate business interests, including:
- to help us administer our Vidalux Site, and/or Services, authenticate users for security purposes, provide personalized user features and access, process transactions, conduct research, develop new features, and improve the features, algorithms, and usability of our Vidalux Site and/or Services.
- to communicate with you about your use of our Vidalux Site and/or Services, product announcements, and software updates, as well as respond to your requests for assistance, including providing account verification support if you’re having difficulty accessing your account.
- to send you direct marketing emails and special offers about Vidalux, from which you can unsubscribe at any time. For more information, please see the section entitled, “Will Vidalux send me emails?” If you are located in the European Economic Area (EEA), you are not authorized to use our Vidalux Site or the Service.
- to display Content associated with your account and make sure it is available to you when you use our Services.
- to calculate aggregate statistics on the number of unique devices using our Vidalux Site, and/or Services, and to detect and prevent fraud and misuse of those.
Does Vidalux review Content?
As a rule, Vidalux employees do not monitor or view your Content stored in or transferred through our Vidalux Site, and/or Services, but it may be viewed if we believe the Terms of Service have been violated and confirmation is required, if we need to do so to respond to your requests for user support, if we otherwise determine that we have an obligation to review it as described in the Terms of Service, or to improve our algorithms as described in the Content section of our Terms of Service. Finally, your Information may be viewed where necessary to protect the rights, property, or personal safety of Vidalux and its users, or to comply with our legal obligations, such as responding to warrants, court orders, or other legal processes.
Does Vidalux share my Information?
We only disclose Personal Data to third parties when:
- We use service providers, who assist us in providing our Services and other business operational roles, including hosting, delivering, and improving our Services. We also use service providers for specific services and functions, including email communication, customer support services, and analytics. These service providers may only access, process, or store Personal Data pursuant to our instructions and to perform their duties to us.
- We believe it is necessary to investigate potential violations of the Terms of Service, to enforce those Terms of Service, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, or potential threats against persons, property, or the systems on which we operate our Vidalux Site, and/or Services.
- We determine that the access, preservation, or disclosure of your Personal Data is required by law to protect the rights, property, or personal safety of Vidalux and users of our Vidalux Site, and/or Services, or to respond to lawful requests by public authorities, including national security or law enforcement requests.
We may disclose Non-Personal Data publicly and to third parties – for example, in public reports about vehicle purchases, to partners under agreement with us, or as part of progress reports we may provide to users.
Vidalux does not share your Personal Data with third parties for the purpose of enabling them to deliver their advertisements to you.
Does Vidalux sell or rent my Personal Data?
No, Vidalux does not sell or rent your Personal Data.
How do third-party apps and plugins work?
Some third-party applications and services that work with us may ask for permission to access your Information. Those applications will provide you with notice and request your consent in order to obtain such access or information. Please consider your selection of such applications and services, and your permissions, carefully.
Some third parties’ embedded content or plugins on our Vidalux Site and/or such as Facebook “Like” buttons, may allow their operators to learn that you have visited the Vidalux Site, and they may combine this knowledge with other data they have collected about your visits to other websites or online services that can identify you.
Data collected by third parties through these apps and plugins is subject to each parties’ own policies. We encourage you to read those policies and understand how other companies use your data.
Will Vidalux send me emails or text messages?
From time to time, we may want to contact you with information about product announcements, software updates, and special offers. You may opt out of such communications at any time by clicking the “unsubscribe” link found within Vidalux emails and changing your contact preferences. All Vidalux account holders will continue to receive transactional messages related to our Services, even if you unsubscribe from promotional emails. For more information about receiving text messages from Vidalux, please visit our Terms of Service.
Does Vidalux ever make any of my Personal Data or Content public?
No, we do not share Personal Data or Content except in the limited circumstances described in the “Does Vidalux share my Information?” section of the Policy.
Does Vidalux collect information from children?
Vidalux does not knowingly collect personal information from children under the age of 13. If we determine we have collected personal information from a child younger than 13 years of age, we will take reasonable measures to remove that information from our systems. If you are under the age of 13, please do not submit any personal information through the Vidalux Site, Service, and/or Software. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide personal information through the Vidalux Site or Service without their permission.
Data storage, transfer, retention, and deletion
Where is my Information stored?
Information submitted to Vidalux will be transferred to, processed, and stored in the United States. When you use the Software on your computing device, Content you save will be stored locally on that device and synced with our servers. If you post or transfer any Information to or through our Vidalux Site and/or Services, you are agreeing to such Information, including Personal Data and Content, being hosted and accessed in the United States.
How secure is my Information?
Vidalux is committed to protecting the security of your Information and takes reasonable precautions to protect it. However, Internet data transmissions, whether wired or wireless, cannot be guaranteed to be 100% secure, and as a result, we cannot ensure the security of Information you transmit to us, including Personal Data and Content; accordingly, you acknowledge that you do so at your own risk.
We use industry-standard encryption to protect your data in transit. This is commonly referred to as transport layer security (“TLS”) or secure socket layer (“SSL”) technology. Once we receive your data, we protect it on our servers using a combination of technical, physical, and logical security safeguards. The security of the data stored locally in any of our Software installed on your computing device requires that you make use of the security features of your device. We recommend that you take the appropriate steps to secure all computing devices that you use in connection with our Vidalux Site and Services.
If Vidalux learns of a security system breach, we may attempt to notify you and provide information on protective steps, if available, through the email address that you have provided to us or by posting a notice on the Vidalux Site. Depending on where you live, you may have a legal right to receive such notices in writing.
How can I delete my Personal Data from Vidalux?
You can delete your Professional Account or User Account from the Vidalux Site by providing us Seventy-Two (72) hours advanced notice by e-mail legal@Vidalux.com, subject to the terms of any other applicable agreements in place with Vidalux.
How long is Personal Data retained?
You can delete your User Account or Professional Account as described above. However, we may keep some of your Personal Data for as long as reasonably necessary for our legitimate business interests, including fraud detection and prevention and to comply with our legal obligations including tax, legal reporting, and auditing obligations.
What happens if Vidalux closes my account?
If Vidalux closes your account due to your violation of the Terms of Service, then you may contact Vidalux to request deletion of your data. Vidalux will evaluate such requests on a case by case basis, pursuant to our legal obligations.
For EEA users
If you are an EEA user, you are not currently authorized to use our Vidalux Site or the Service.
As Vidalux evolves, we may need to update this Policy to keep pace with changes in our Vidalux Site and Services, our business, and laws applicable to us and you. We will, however, always maintain our commitment to respect your privacy. We will notify you of any material changes that impact your rights under this Policy by email (to your most recently provided email address) or post any other revisions to this Policy, along with their effective date, in an easy-to-find area of the Vidalux Site, so we recommend that you periodically check back here to stay informed of any changes. Please note that your continued use of the Vidalux Site after any change means that you agree with, and consent to be bound by, the new Policy. If you disagree with any changes in this Policy and do not wish your information to be subject to it, you will need to delete your Vidalux account.
Terms and Conditions of Service
These Terms of Service (“Terms”, “Terms of Service” or “Agreement”, as context may require) govern your use of our website https://www.vidalux.com/ (“Site”), which is provided by Vidalux, LLC, a Florida limited liability company, its affiliates or agents (referred to as “Vidalux” “Company,” “us,” “we,” or “our” below), and apply to all users vising the Site by access or using the Site in any way, including the services and resources available or enabled via the Site (each a “Service” and collectively, the “Services”). By accessing this Site, completing the registration process, and/or browsing the Site, and/or purchasing products from the Site, you are indicating your acknowledgment and acceptance of these terms of Service.
You represent that (i) you have read, understand, and agree to be bound by the terms of Service, (ii) you are of legal age to form a binding contract with us, and (iii) you have the authority to enter into the Terms of Service personally or on behalf of company you have named as the user, and to bind that company to the Terms of Service. The term “you” refers to the individual or legal entity, as applicable, identified as the user when you’re registered on the Site. If you do not agree to be bound by the Terms of Service, you may not access or use this Site or the Services.
If you subscribe to the Services for a term (“Initial Term”), then the Terms of Service will be automatically renewed for additional periods of the same duration as the initial term at Company’s then-current fee for such Services unless you opt out of the auto-renewal or decline to renew your subscription in accordance with subscription subsection below.
Please be aware this Agreement contains an arbitration agreement. The dispute resolution section, found at the end of this Agreement, contains provisions governing how claims that you and we have against each other are resolved, including, without limitation, any claims that arose or were asserted prior to the effective date of this Agreement. In particular, it contains an arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement: (i) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (ii) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims.
Any dispute or claim relating in any way to your use of the Site will be governed and interpreted by and under the laws of the State of Florida, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded from this Agreement.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The term “Agreement” or “Terms of Services” as defined herein also includes “Supplemental Terms”.
Amendments to Terms of Service
IMPORTANT: THESE TERMS ARE SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Company will make a new copy of the Terms of Service available at the Site and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site. We will also update the “Last Updated” date at the bottom of these Terms of Service. If we make any material changes, and you have registered with us to create an Account (as defined in the Registration section below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Site or Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in the Registration section below). We may require you to provide consent to the updated Terms in a specified manner before further use of the Site and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
Damaged Products and Product Returns
Complete terms of purchase are provided at checkout. By agreeing to the terms and conditions at checkout and these Terms of Service, you agree that you understand that the products purchased, whether consumable or topical, contain cannabinoids from hemp oil. Our manufacturing facilities are registered with the FDA and our products are manufactured according to FDA guidelines for cGMP standards for dietary supplements. As these products have not been evaluated by the FDA, we make no claims as to any benefits from our products. If you decide to purchase our products, you do so based upon your own opinions as to any benefits these products may provide. All products carry a 30-day customer satisfaction guarantee. If you are not satisfied with any of these products, simply return the unused portion of the product. If we receive a returned product within 30-days, we will issue a full refund. Your acceptance of the terms of purchase means you agree to and understand the refund policy.
All of our products are tested for quality, and all shipments are carefully inspected before leaving our warehouse. Upon delivery of your order, please check product carefully to ensure it has not been damaged during shipping. All claims for damaged product must be made with 48 hours. Please contact us and provide detailed information for any product damaged during shipping within that time. Please include a full description of the damages to the product.
Access to this Site
THIS SITE IS INTENDED FOR USERS EIGHTEEN (18) YEARS OF AGE OR OLDER. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, DO NOT USE OR ACCESS THIS SITE FOR ANY REASON AND PLEASE EXIT THIS SITE IMMEDIATELY. ASK YOUR PARENT OR GUARDIAN TO ACCESS THIS SITE FOR YOU.
YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE IN TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.
To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be your correct, current, and complete information. If our Company believes the information you provide is not correct, current, or complete or is an impersonation of someone else, we have the right to refuse you access to this Site or any of its resources, to terminate or suspend your access at any time, and delete any comments you have posted, all without prior notice.
Use of the Services and Company Properties
The Site, the Services, the Content (defined in the License to Use the Site section below), and the information and content available on the Site and in the Services (as these terms are defined herein) (collectively, the “Company Properties”) are protected by copyright laws throughout the world. Subject to the Terms of Service, Company grants you a limited license to reproduce portions of Company Properties for the sole purpose of using the Services for your own personal use. No commercial use of the Company Properties is allowed without the express, prior written permission of the Company.
Registration for a User Account
Registering Your Account
In order to access certain features of Company Properties you may be required to become a Registered User. For purposes of the Terms of Service, a “Registered User” is a user who has registered an account on the Site (“Account”).
Any passwords used for your Account for this Site are for individual use only. You will be responsible for the security of your password (if any) and you agree to accept responsibility for all activities that occur under your account or password. We have the right to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will have the right to require the password to be changed and/or terminate your Account. You are prohibited from using any ervices or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we have the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Service, and we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any Submission that is believed to violate these Terms of Service.
In registering an Account on the Site, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using Company Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Company Properties by minors. You may not share your Account or password with anyone, and you agree to (i) notify Company immediately of any unauthorized use of your password or any other breach of security; and (ii) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of Company Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account. Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Company Properties if you have been previously removed by Company, or if you have been previously banned from any of Company Properties.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Company.
Fees and Payment Terms
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Company with a valid credit card (Visa, MasterCard, American Epxress Discover or any other issuer accepted by us). The exchange of funds between you and Vidalux (“Payment Processing”) is provided and facilitated by Stripe® (“Stripe”) and is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By continuing to use the Platform or Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified from time to time. You agree that the information you provide is true, accurate and complete and you authorize us to share this information to Stripe, as well as transaction information related to your use of the Payment Processing services provided by Stripe. In all cases, standard credit card or other third-party processing fees apply in addition to any Service Fees and processing Fees. We are not responsible for the performance of any third-party credit card processing or third-party payment services. Vidalux does not store your billing information on its systems and is not responsible for the safety or security of that information. All billing information is sent directly to and stored with Stripe according to their privacy security policies, protocols and procedures. At any time, upon notice to you, we may change or add other Payment Processing services, which may subject you to additional terms or conditions.
Company’s fees are net of any applicable Sales Tax. If any products or services available through the Site are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Company for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Company is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
You agree to make all payments of fees to Company free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Company will be your sole responsibility, and you will provide Company with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
Shipping and Delivery
Vidalux offers ground, 2-day and next day air shipping services. Packages with ground shipping generally take seven (7) business days from placing an order to arrival at your door. We’re pleased to offer free shipping on orders over $100.00. 2-day and next day orders placed by 12pm EST ship the same day Monday through Friday. If you have additional shipping questions, please contact us.
License to Use the Site
Subject to your compliance with these Terms of Service, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the materials and content (collectively, the “Content”) on this Site. This license does not allow you to resell or make any commercial use of the Site, its Contents or our products sold through the Site; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rights-holders, or other content providers. No Content on, or product sold through, this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products or Content. You may use our Site only as permitted by law and these Terms of Service. The licenses we have granted you terminate if you do not comply with these Terms of Service.
Restrictions on Use
You may use this Site only for the purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, (ii) frame or use framing techniques to enclose any of our or our Content owner’s trademarks, logos, or other proprietary information (including images, text, page layout, or form), (iii) hyperlink to this Site, or (iv) use any meta tags or any other “hidden text” using our name or trademarks without the express prior written permission of one of our authorized representatives. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that associates our product with someone other than us or that such other party has the right to display, publish, or distribute this Site or Content accessible within this Site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking to cease immediately.
No material from this Site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
The Content accessible from this Site, and any other World Wide Web Site owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our Site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the Content as a result of accessing this Site.
Third-Party Websites and Hyperlinks
This Site may be hyperlinked to other sites which are not maintained by, or related to, us. Hyperlinks to such sites are provided as a service to our users and are not sponsored by or affiliated with this Site or with us. We have not reviewed such sites and are not responsible for the Content of those sites. Hyperlinks are to be accessed at your own risk, and we make no representations or warranties about the Content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this Site. Further, the inclusion of any hyperlink to a third-party Site does not necessarily imply that we endorse that Site.
Any statements on this Site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the Site have been approved or endorsed by the FDA or any regulatory agency. The products on the Site are not intended to diagnose, treat, cure or prevent any disease. The information on this Site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.
Feedback and Submissions
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices we have provided. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Except for our warranty found on our Site (which is incorporated herein by reference), we make no warranty, express or implied, that the Site, Services or any services, products, or information obtained on or through the Site will meet your requirements or will be uninterrupted, timely, secure, or error free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representation regarding use, or the result of use, of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time.
YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and we do not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete. This section does not affect in any way our return policy or limited warranty for goods purchased on the Site. If for any reason you are not satisfied with a purchase you make on the Site, please return it in accordance with the terms of our return policy or limited warranty, as applicable, as set forth above.
We shall be not held liable for any improper or incorrect use of the information, Services, or products purchased on this Site and assume no responsibility for anyone’s use of the information, Services, or products purchased on this Site. We will not be liable if you or anyone to whom you provide the products purchased on our Site is exposed to or comes in contact with any item to which you or the other person is allergic. We shall not be held liable for any direct or indirect damages caused in any way through the use of information or services on this Site. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. This disclaimer of liability applies to any damages or injury which may be perceived by you, the Site user, to be caused by the information or services on this Site, or by using this Site.
Limitation of Liability
Disclaimer of Certain Damages
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL VIDALUX OR ANY COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Cap on Liability
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR COMPANY PARTIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF ONE HUNDRED ($100.00) DOLLARS OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH AN EVENT, YOU AGREE THAT OUR LIABILITY SHALL BE LIMITED TO THE MAXIMIUM EXTENT PERMITTED BY SUCH APPLICABLE STATE LAW.
You will indemnify and hold us and our officers, directors, members, manangers, subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, attorneys and contractors (collectively, the “Indemnified Parties”) harmless from loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees (collectively, “Losses”) relating to or arising out of: (i) any breach of these Terms of Service by you, including any use of Content other than as expressly authorized in these Terms of Service; (ii) your Feedback to, use of or inability to use, the Company Properties; (iii) your use of the products purchased on the Site; or (iv) violation of any applicable laws, rules or regulations. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site or the purchase of any products. You agree that the provisions in this section will survive any termination of your Account, the Terms of Service or your access to Company Properties.
Ownership; Trademarks and Copyrights
Except with respect to your Submissions and the Submissions of other users, you agree that Company and its suppliers own all rights, title and interest in Company Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, the Services, or Company Properties.
Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners and software appearing in this Site are our property or the property of the party that provided the trademarks, service marks, logos or copyrighted material to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their respective trademarks, service marks, logos and copyrighted material appearing in this Site. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been used or displayed on our Site in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying our Designated Agent listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.
The Notification of Claimed Infringement must include the following:
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the Site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
- A clear description of where the infringing material is located on our Site, including as applicable its URL, so that we can locate the material;
- Your contact information, including your name, address, telephone number, and e-mail address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
DiSchino & Schamy, PLLC
4770 Biscyane Blvd., Suite 1280
Miami, Florida 33137
Information You May Not Post, Publish, etc.
You may not post, send, submit, publish, or transmit in connection with this Site any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this Site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm any person by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the Content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
- includes MP3 format files;
- amounts to a ‘pyramid’ or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
- contains hyperlinks to other sites that contain Content that falls within the descriptions set forth above.
Although under no obligation to do so, we reserve the right to monitor use of this Site to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the Content of your Submissions. You acknowledge and agree that neither we nor any third party that provides Content to us will assume or have any liability for any action or inaction by us or such third party with respect to any Submission.
This Site is intended for users located in the United States. It is up to you to determine whether accessing this Site and purchasing our products are legal where you are. You access this Site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties. The Services shall be deemed to have been provided in the State of Florida. Venue for any dispute arising hereunder shall be in Miami-Dade County, Florida.
In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms of Service, the use of this Site or information obtained through this Site, or any other claims, disputes, or controversies arising out of or relating to this Site, or any other World Wide Web Site owned, operated, licensed, or controlled by us (the “Dispute” and together the “Disputes”), you agree to resolve any Dispute by submitting the Dispute to JAMS through its offices located in Miami, Florida (“ADR Firm”), or its successor, for mediation. Any party to the Dispute may commence mediation by providing to the ADR Firm and the other parties a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with ADR Firm and with one another in selecting a mediator from ADR Firm’s panel of neutrals, and in scheduling the mediation proceedings promptly, not later than thirty (30) days after such request for mediation. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any ADR Firm employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
If the Dispute is not resolved through mediation, then it shall be submitted to ADR Firm, or its successor, for final and binding arbitration pursuant to the then-current form of JAMS Comprehensive Arbitration Rules & Procedures (the “Rules”) before one arbitrator, selected by the agreement of the parties and, failing such agreement within thirty (30) days of the Dispute being submitted for arbitration, by ADR Firm in accordance with the Rules. All hearings shall be held in Miami, Florida, USA. If ADR Firm ceases to exist and has no successor, then the parties shall submit the Dispute to an established alternative dispute resolution entity in Miami, Florida. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, any arbitration initiated under this clause shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney fees, to be paid by the party against whom enforcement is ordered.
THE REQUIREMENT TO ARBITRATE MEANS YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY.
No party to any mediation or arbitration under this clause shall be required to participate in any mediation or arbitration proceeding that involves more than one adverse party. The mediation or arbitration of any Dispute shall not be joined or consolidated with the mediation or arbitration of any other Dispute, even if such other Dispute relates to, arises out of or raises similar factual or legal claims.
The communications between you and Company use electronic means, whether you visit Company Properties or send Company e-mails, or whether Company posts notices on Company Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of Company Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms of Service or your use of Company Properties; and (ii) any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us or others, including law enforcement authorities.
Notice to California Users
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any Services provided hereunder.
If you have questions or concerns about these Terms of Service, the practices of this Site, or if you are interested in reprinting any of the Content of this Site, please contact us at:
Introduction to Cookies
What is a Cookie?
A cookie is a small text file that is placed on your hard drive by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Some of the cookies will only be used if you use certain features or select certain preferences, and some cookies are essential to the Site, and/or Services, and will always be used. Web beacons, tags, and scripts may be used in the Site or in emails to help us deliver cookies and count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon. We may receive reports based on the use of these technologies by our service/analytics providers (for example, Google Analytics) on an individual and aggregated basis.
How to Disable Cookies
- Click here to learn more about managing cookie settings in Mozilla Firefox;
- Click here to learn more about managing cookie settings in Google Chrome;
- Click here to learn more about managing cookie settings in Microsoft Internet Explorer;
- Click here to learn more about managing cookie settings in Safari;
- Click here to learn more about managing cookie settings in Microsoft Edge.
If you want to learn more about cookies or how to control, disable, or delete them, please visit www.allaboutcookies.org for detailed guidance. In addition, certain third-party advertising networks, including Google, permit users to opt out of or customize preferences associated with your Internet browsing. To learn more about this feature from Google, click here.
Types of Cookies
Many jurisdictions require or recommend that website operators inform users/visitors as to the nature of cookies they utilize and, in certain circumstances, obtain the consent of their users to the placement of certain cookies.
Each cookie used by Vidalux falls within one of the following categories:
Essential cookies (First-Party Cookies) are sometimes called “strictly necessary,” as without them we cannot provide many services that you need. For example, essential cookies help remember your preferences as you use our Site and/or Services.
2. Analytics cookies:
These cookies track information about your visits and usage of the Site and/or Services so that we can make improvements and report our performance — for example, to analyze visitor and user behavior so as to provide more relevant content or suggest certain activities. We might also use analytics cookies to test new ads, pages, or features to see how users react to them. Google Analytics is the main technology we currently use in this regard. To learn more about Google Analytics and your privacy, visit the “How Google uses data when you use our partners’ sites or apps” page at www.google.com/policies/privacy/partners/. To opt out of being tracked by Google Analytics when using our website, visit http://tools.google.com/dlpage/gaoptout.
3. Functionality or preference cookies:
During your visit to the Site, or while you use our Services, cookies are used to remember information you have entered or choices you make (such as your username, language, or your region). They also store your preferences when personalizing the Site and/or Services to optimize your use of Vidalux (for example, your preferred language). These preferences are remembered through the use of persistent cookies, and the next time you visit the Site or use our Services, you will not have to set them again.
4. Targetting or advertising cookies:
These Third-Party Cookies are placed by third-party advertising platforms or networks in order to deliver ads and track ad performance, or enable advertising networks to deliver ads that may be relevant to you based upon your activities (this is sometimes called “behavioral tracking” or “targeted” advertising) on the Site. They may subsequently use information about your visit to target you with advertising that you may be interested in on the Site and other websites. You can opt out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (http://youradchoices.com).
5. Social media cookies:
Cookies Subject to Change
The content of this Policy is for your general information and use only. You acknowledge that this information may contain inaccuracies or errors and is subject to change, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Updating this Policy
If there are any material changes to this Policy, you will be notified by the posting of a prominent notice on our Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on the Policy. Your continued use of the Site and/or Services constitutes your agreement to be bound by such changes to this Policy. Your only remedy, if you do not accept the terms of this Policy, is to discontinue use of and access to the Site and/or Services.