Terms of Service

Last updated: July 25, 2021

Please read these Terms of Service carefully before using our Website and our Services. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.

https://camilaoliveiravip.com (“Website”) is a Social Media Platform and Application service that allows independent content creator to upload photos and videos to their profile, publish, broadcast, share, sell their original videos, photos, tangible goods, and offer services, such as live streams or live chats, to users, accept tips from subscribers, setting a monthly subscription price and therefore earning money from any paying subscribers (“Service”). The Service is owned and operated by CHARMLUX VIP Tech, LLC (“Company”, “the Company”, “We”, “Us” or “Our”). 

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. 

Definitions

For the purposes of these Terms and Conditions:

•         Account. Means a unique account created for you to access our Service or parts of our Service.
•         Country. Refers to: Nevada, United States.
•         Company. (Referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to CHARMLUX VIP  
          Tech, LLC, 12 Sahalee Drive, Las Vegas, NV 89148.
•         Device. Means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
•         Goods. Refer to the items offered for sale on the Service.
•         Orders. Mean a request by you to purchase goods from us.
•         Service. Refers to the Website.
•         Subscriptions. Refer to the services or access to the Service offered on a subscription basis by the Company to you.
•         Platform. Shall refer to the hosting service operated and managed by CHARMLUX VIP Tech, LLC, and including all of its subdomains and any predecessor or                  successor domain or URL, where creators can upload, and sell their content using the tools and features provided by such Platform.
•         Content. Refer to pictures, videos (pre-recorded or live streaming), and other materials, including, but not limited to, text, images, graphics, data, audio,    messages (including online chat), Live Streams, comments, subscriptions, gratuities, contests, sweepstakes, and tangible goods provided, sold, offered, or posted by creators onto the Platform from time to time.

•         Terms and Conditions. (Also referred as “Terms”) mean these Terms and Conditions that form the entire agreement
          between you and the Company regarding the use of the Service.
•         Third-party Social Media Service. Means any services or content (including data, information, products or services)
          provided by a third-party that may be displayed, included or made available by the Service.
•         Website. Refers to Camila Oliveira VIP, accessible from https://camilaoliveiravip.com/
•         Creators. Shall refer to the independent models, professional athletes, performers, and other content creators,
          registered as such on the Platform and Uploading their original Content onto the Platform.
•         User. Means the individual as well as all second-person pronouns (such as “you”, “your”, “yours”), accessing or using
          the Service. User may have access to certain features of the Site that are not available to users that merely browse
          the Site without creating an account. User may purchase subscriptions to creator’s profiles and/or a la carte access to
          certain content. User may also tip creators.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. If you do not meet all of these requirements, you must not access or use the Site.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of your personal information when You use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.

Placing Orders for Goods

By placing an order for Goods through the Service, you warrant that you are legally capable of entering into binding contracts.

Your Information

If you wish to place an order for Goods available on the Service, You may be asked to supply certain information relevant to your order including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.

Order Cancellation

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:

•       Goods availability
•       Errors in the description or prices for goods
•       Errors in your order

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions.

Your right to cancel an order only applies to Goods that are returned in the same condition as you received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as you received them, or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in your possession.

We will reimburse you no later than 14 days from the day on which we receive the returned Goods. We will use the same means of payment as you used for the order, and you will pay only shipping and handling charges for such reimbursement.

You will not have any right to cancel an order for the supply of any of the following Goods:

•       The supply of Goods made to your specifications or clearly personalized.
•       The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
•       The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
•       The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
•       The supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and You have               acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of Goods on the Service. The Goods available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our Goods on the Service and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an order.

The prices quoted may be revised by the Company subsequent to accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, you will have the right to cancel your order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

If you choose to initiate a Transaction via the Platform, you authorize us to provide your payment information to our third party payment provider (the “Payment Processor”) so we can complete your Transaction and agree (1) to pay the applicable fees and any taxes, including sales tax; (2) that we may charge your credit card for any such amounts upon making your purchase; and (3) to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. All financial transactions made in connection with your payments will be processed by the Payment Processor in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions made available on their payment platform. We encourage you to learn about the practices of such Payment Processor. In no event will we be responsible for the actions or inactions of the Payment Processor, including, but not limited to, system downtime or payment service outages.

Chargebacks

Any purchase made on Platform resulting in a chargeback will cause the User’s account to be immediately and permanently excluded from Platform. Additionally, the chargeback amount will be removed from the uploading user’s income, and the uploading user will be notified of any such chargeback as well as the responsible account.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it. 

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Your Information

If you wish to place an order for Subscriptions available on the Service, You may be asked to supply certain information relevant to your order including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are FINAL and NON-REFUNDABLE, 

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

User Accounts

In order to access the Platform as a User and to navigate through and buy VIP Content, interact online with creators, as well as to post and comment content, you must first register by creating a User account. You will have to choose a username, which must be unique to you, as well as enter your email and create a password. Please note that Company reserves the right to decline any account registration, for any reason, at its sole discretion.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a Third-Party Social Media Service.

You agree not to disclose or share your account information and password to any third party, let anyone else access your account, or do anything else that might jeopardize the security of your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You are solely responsible for maintaining the confidentiality of your login information and you will be responsible for all uses of your login information, including uploads and purchases, whether or not authorized by you.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You will be liable for any losses incurred by us due to the unauthorized use of your account. We are not liable for your losses caused by any unauthorized use of your account and you hereby specifically waive any such claim and agree to defend, hold harmless, and indemnify the Company against any such claims made against it by third parties. In brief, you are responsible for anything that happens through your account.

Indemnification

You agree to defend, indemnify and hold harmless the company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively, the “Company Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms of service or your use of the site, including, but not limited to, your user contributions, any use of the site’s content, services and products other than as expressly authorized in these terms of service or your use of any information obtained from the site.

Intellectual Property

Company own or have the license/permission to use all text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, audio clips, sounds, music, artwork, button icons, streaming data, animation, images, downloadable materials, data compilations, software, and computer code, including the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of this content, contained on this Site and all such materials is protected by U.S. and international copyright and intellectual property laws. We retain all right, title, and interest in such materials and compilations thereof. You acknowledge that trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws, protect the Site and its content.

You may only access the Site or its content according to these terms and any specialty content terms. You will not make any other use of the Site or its content, including by copying, modifying, accessing, or distributing any content. You will not reproduce, imitate, or use the Site’s content in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Site. If you do any of this, your actions may constitute an infringement of our rights or the rights of third parties and can result in termination of this Agreement.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Force Majeure

Neither you nor we shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party’s reasonable control.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms of Service, you can contact us:

By email: contact@charmluxviptech.com

By visiting this page on our website: https://camilaoliveiravip.com/contact