Terms and Conditions

Last updated: September 14, 2017

These Terms and Conditions (“Terms”) explain the contractual relationship between you and DTO Holdings LLC (“DTO”, “us”, “we”, “our”).  Please read these Terms carefully before using, browsing or making purchases on the www.valnoir.com website (the "Website").

Your access to and use of the Website, and the products and services available through the Website (collectively, the “Services”), is subject to and conditioned on your acceptance of and compliance with these Terms, which includes our Privacy Policy. These Terms apply to all visitors, users and others who wish to access or use the Website and Services.

By accessing or using the Website and Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then do not access or use the Website or Services.

Purchases

If you wish to purchase any product made available through the Services ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, 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 card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may use third party vendors for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your Purchase order at any time for reasons including but not limited to: product availability, errors in the description or price of the product, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

In making a Purchase, you represent and warrant that you are a bona fide end-user and customer and will not deliver, sell or otherwise distribute the products or purchase the products for commercial purposes or any other commercial benefit. If we believe, in our sole discretion, that an order would violate the terms of the preceding sentence or that you are engaging in fraudulent or grey market activities, we may refuse such order.

Availability, Errors and Inaccuracies

We may update product offerings on the Website from time to time and may experience delays in updating information on the Website and in our advertising on other websites. We therefore cannot guarantee the accuracy or completeness of any information found on the Website and reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Promotions

Any promotions ("Promotions") made available on the Website or through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Accounts

When you access and use the Website and Services, including through the creation and use of an account with us, you represent and warrant that you (i) are at least the age of 18, (ii) have the right, capacity and authority to be bound by these Terms, (iii) will abide by all of these Terms, and (iv) the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You consent to receiving communications from us via email in connection with your use of the Website and Services. You may opt out of these messages by following the prompts in email messages; however, doing so may impact your use of the Services.

We reserve the right to terminate accounts, remove or edit content on the Website, or cancel orders in our sole discretion.

Intellectual Property

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the Website and Services on a computer, tablet device or mobile phone that you own or lawfully control.

All materials contained on, in, or available through the Website and Services, including all information, data, text, sound, photographs, graphics, the selection and arrangement thereof, and all source code, software compilations, and other materials (“DTO Content”) are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, and all derivative works thereof associated with the DTO Content, whether registered or not, are our sole property. The DTO Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, by allowing you access to the Website or Services or otherwise, any ownership rights in the DTO Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Website or Services, unless such upgrade is accompanied by separate terms in which case such updated Terms will govern.

Links To Other Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by DTO.

DTO has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or their websites.

You acknowledge and agree that DTO 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 use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

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

Termination

We may terminate or suspend your account and bar access to the Services without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, please contact us at info@valnoir.com.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Access

There is no charge to access and browse the Website or Services. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Website and Services, you are required to have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Website and/or Services may be upgraded from time to time to add support for new functions and services.

Indemnification

You agree to defend, indemnify and hold harmless DTO and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Website and/or Services, by you or any person using your account and password, or b) a breach of these Terms.  We shall control the defense of any indemnified matters through counsel of our choice.

Limitation Of Liability

IN NO EVENT SHALL DTO, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES; (III) ANY CONTENT OBTAINED FROM THE WEBSITE OR SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE 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. IN NO EVENT WILL DTO’S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES) WITH RESPECT TO THE ACCESS TO OR USE OF THE WEBSITE OR SERVICES EXCEED THE PRICE PAID BY YOU WITH REGARD TO THE PARTICULAR CLAIM, OR IF YOU HAVE NOT PAID DTO FOR ANY PRODUCT, THE AMOUNT OF $25.00 U.S. DOLLARS.

Disclaimer

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE WEBSITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. DTO, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE WEBSITE AND/OR SERVICES WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE WEBSITE AND/OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE WEBSITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS.

Disclaimer Exclusions

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

Jurisdiction

The Website and Services are controlled and operated by DTO from the United States, and are not intended to subject DTO or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. DTO does not represent or warrant that the Website or Services, or any part thereof, is appropriate or available for use in any jurisdiction other than the United States.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York, New York County for any action arising out of or relating to these Terms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website and Services, and supersede and replace any prior agreements we might have had between us regarding the Website or Services.

No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Website and Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website or Services.

Contact Us

If you have any questions about these Terms, please contact us at info@valnoir.com or DTO Holdings LLC, 320 7th Avenue #142, Brooklyn, New York 11215.