Va Beau Sitewide Terms of Use
Effective Date: March 15, 2024
Please read these Terms of Use (“Terms of Use”) carefully. By accessing or using our Platform, you agree that you have read and agree to be bound by these Terms of Use.
Big Beautiful Dream, LLC, d/b/a Va Beau (“Va Beau”, “we”, or “us”) owns and operates the website https://vabeau.com (the “Platform”) and these Terms of Use govern your access to and use of the Platform, including any Tours or other products purchased through the Platform (“Products”), and any other services provided through the Platform (collectively, with the Products, and Platform, the “Service” or “Services”).
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Introduction and Acceptance of the Terms of Use
Access to some parts of the Services will require the submission of certain personally identifiable information. Please review our Privacy Policy for a detailed description of our practices relating to the collection, use, and storage of personally identifiable information.
Your use of, and participation in, certain Services may be subject to additional terms, such as our Supplier Agreement, our Traveler Terms and Conditions, Affiliate Compensation Disclosure, Privacy Policy, and Cookie Policy (collectively, the “Supplemental Terms”). If these Terms of Use contradict the Supplemental Terms, the Supplemental Terms shall control regarding the Service. These Terms of Use and any applicable Supplemental Terms are collectively referred to herein as the “Terms”.
The Terms shall apply to all Services offered by Va Beau, unless indicated to the contrary. By accessing or using the Services, you confirm that you unconditionally accept the Terms. If you do not agree to the Terms, you may not access or use the Services.
The Terms are subject to change by Va Beau in its sole discretion. Such changes shall be made available at, or through, the affected Service on the Platform. We will also update the “Last Updated” date at the top of these Terms of Use. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Platform and/or the Services. Otherwise, your continued use of the Platform and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE PLATFORM TO VIEW THE THEN-CURRENT TERMS.
2. Accounts and Registration
To use parts of our Services, you must register and set up an account (collectively, your “Account”). To set up your Account, we need certain information about you, including your name, email address, a username, and a password (collectively, “Account Data”).
By registering on for an Account on the Platform, you represent and warrant to (a) be at least 18 years old, (b) be an individual with full legal capacity to enter into these Terms of Use, (c) provide true, current, and complete information to Va Beau during the initial registration process and thereafter, (d) not have been previously removed or suspended from using the Services, (e) not currently have an existing Account already, and (f) not to be an individual located in a country subject to a US Government embargo or listed as a restricted party.
If you provide inaccurate, not current, or incomplete information, we have the right to suspend or terminate your Account. Accounts registered by “bots” or other automated methods are not allowed.
Please keep your Account Data current, and secure at all times. Va Beau is not responsible or liable for the loss or disclosure of your password.
You are solely responsible for any activity that takes place through your Account. If you suspect other than you is using your Account, you must notify Va Beau of this as soon as possible.
Va Beau reserves the right to, in its sole discretion, refuse to open an account for you. Similarly, Va Beau reserves the right to limit your activity on the Platform or Services, or to terminate your Account registration without notice and for any reason, but in any case, following a breach of these Terms.
Va Beau shall in no way be responsible or liable for any Bookings or purchases made using your Account. You are solely responsible for maintaining the confidentiality of your Account Data and for all statements made and acts or omissions that occur using your Account Data and Account.
You may terminate your Account at any time by contacting us to request that we close your Account, and by discontinuing your use of all parts of the Services. If you close your Account, we may continue to display your previously published User Content and are under no obligation to remove any of your User Content.
By creating your Account, you consent to the collection and use of your Account Data and certain other information in accordance with our Privacy Policy located at: https://vabeau.com/general-terms-and-conditions/
3. Digital Signature; Electronic Records
By registering for an Account on our Platform, or by clicking to accept these Terms when prompted on the Platform, you are considered to have executed these Terms electronically; effective on the date of your registration, pursuant to the United States Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration is an acknowledgement that you are able to electronically receive, download, and print these Terms, and any amendments.
In connection with these Terms, you may be entitled to receive certain records, such as notices and communications, in writing. You give us permission to provide any records you may be entitled to electronically instead of in paper form.
4. Acceptable Use
You may only use the Services and the Platform for their intended purposes. Any other use of the Services is a violation of these Terms of Use. When using the Services, you must not:
We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any content made available by our Services, without obligation to any person or entity.
5. Rights to Use Our Services
Va Beau grants you a non-exclusive, non-sublicensable, non-transferable, revocable, worldwide license to access and use the Services, in accordance with these Terms.
Va Beau reserves the right to (a) suspend, restrict, or terminate your access to any or all the Services or Platform, or (b) deactivate or cancel your account with immediate effect for any reason, including but not limited to where:
6. Third-Party Services and Content
When using the Platform, you may have access to content, services, or materials hosted or provided by another party. You agree that it is impossible for Va Beau to track such all content posted on the Platform by third parties and that you access such content or materials at your own risk.
You understand that Va Beau is not responsible for any content or information supplied by a third party. We are not responsible for the accuracy or completeness of information we receive from third parties, and which is displayed on our Platform.
You understand and agree that the information, products, and services published on our Platform may include inaccuracies or errors, including reservation availability and pricing errors. Va Beau does not guarantee any accuracy of any third-party content posted on the Platform and disclaims all liability.
Sponsored Content. From time to time some of the Products or content available on our Platform may be sponsored or third-party content (“Sponsored Content”) and any such Sponsored Content will be clearly marked as such.
When you subscribe to receive any type of content from us, you also agree to receive Sponsored Content. If you would prefer not to receive Sponsored Content, you may unsubscribe by clicking the “Unsubscribe” link at the bottom of any email or reach out to our customer support team be sending us an email to care@vabeau.com with “Unsubscribe” in the subject line. If you unsubscribe you will not receive any content from us, this includes Sponsored Content and our Va Beau content. To the extent that we post third party Sponsored Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflect the opinions and views of Va Beau and we accept no responsibility for any such third-party opinions and views.
7. Third-Party Links
The Platform may contain affiliate links and other links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left our Platform and are subject to the terms (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Va Beau. Va Beau is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Va Beau provides these Third-Party Websites, Third-Party Applications and Third-Party Ads only as a convenience and does not review, approve, track, endorse, warrant, or make any representations regarding Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk.
When you leave our Platform, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before moving forward with any transaction with any third party. For more information about how we use affiliate links, please review our Affiliate Compensation Disclosure, available at http://vabeauaffiliate-disclosure.com.
Social Media. Our Platform may offer a tools or services that enable us to access or use profile or other information you have provided to Facebook or other third-party social media websites, apps, or platforms (each a “Social Media Site”). If you use such tools or services, you agree that:
8. Intellectual Property Rights & Our Content
All rights, title, and interest in and to our Services, including all content (excluding content owned by users) on our Platform (text, product names, images, videos, etc.) is the property of Va Beau, and is protected by copyright, trademark, and any other applicable laws, unless otherwise specified. You agree to respect all of Va Beau’s intellectual property rights. Any rights not expressly granted to you are reserved by Va Beau.
Additionally, the look and feel of the Platform, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Va Beau and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Va Beau.
Nothing in these Terms gives you a right to use the Va Beau name or any of our intellectual property rights, trademarks, logos, domain names, and other distinctive brand features, except for the limited license rights specifically granted to you in these Terms.
Any partial or total reproduction of our Services or content, by any means, is subject to prior and express authorization by us.
All other trademarks, registered trademarks, product names and company names or logos mentioned on the Platform are the property of their respective owners. We cannot give you the right to copy, display, sell or otherwise distribute content or materials you do not have rights to.
9. User Content
Users may upload certain content to the Platform, which may include, but is not limited to videos, photos, text, and other materials (the “User Content”).
By uploading User Content to the Platform, you represent and warrant that your User Content does not infringe on the intellectual property or other proprietary rights any other person or entity. If you think any User Content on our Platform is violating your intellectual property rights, please follow the procedure as set out in Section 10 below for submitting a DMCA Notice.
Va Beau has no obligation to pre-screen User Content, although Va Beau reserves the right in its sole discretion to pre-screen, refuse or remove any User Content. If Va Beau pre-screens, refuses, or removes any User Content, you acknowledge that Va Beau will do so for Va Beau’s benefit, not yours. Without limiting the foregoing, Va Beau shall have the right to remove any User Content that violates these Terms or is otherwise objectionable.
You further agree that you have no expectation of privacy concerning the transmission of your User Content, including without limitation chat or text communications with us or other users.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Va Beau (“Feedback”) through its suggestion form, forum, review features, or other similar features is at your own risk and that Va Beau has no obligations (including without limitation obligations of confidentiality) regarding such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback.
You retain full ownership of your User Content. However, by posting User Content or Feedback on our Platform, you grant to Va Beau a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all User Content and Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Platform. Should you have moral rights in your User Content, you waive such rights and release Va Beau from any claims related to these moral rights.
Va Beau may utilize your name with your User Content or Feedback and reserves the right to attribute your submissions as deemed fit.
Va Beau may place ads near or in conjunction with your User Content without compensation and may modify ad practices without notice.
Our Platform may contain discussion forums, bulletin boards, review services or other forums in which you and other users of our Platform may post User Content (“Interactive Areas”). Use of our Platform’s Interactive Areas is done at your own risk. By participating, you agree to abide by our Acceptable Use policy described in Section 4 and to not post content that violates these guidelines.
You are solely responsible for your User Content and any associated risks, including its legality, reliability, and appropriateness. You must own or have rights to all User Content you post, and you cannot suggest Va Beau sponsorship or endorsement of such content. Va Beau disclaims all liability for any User Content provided by yourself or others, including any associated loss or damage. We are not responsible for content errors or offensive material you may encounter.
10. Unauthorized Use of Materials (DMCA Notice)
We respect the intellectual property of others, and we ask you to do the same. If you, or any user of our Services, believes its copyright, trademark or other property rights have been infringed by any content on our Services, you, or the user, should send a notification to us immediately. To be effective, the notification must include:
Big Beautiful Dream, LLC
RE: Copyright Infringement Notice
11. Indemnification
You agree to indemnify and hold Va Beau, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Va Beau Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) any User Content you may post; (b) your use of, or inability to use, the Platform or Services; (c) your violation of these Terms; (d) your violation of any rights of another party, including any other users; or (e) your violation of any applicable laws, rules or regulations. Va Beau reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Va Beau in asserting any available defenses. This provision does not require you to indemnify any of the Va Beau Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Platform or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access the Platform or Services.
California Residents: you expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
12. Disclaimer of Warranties
BY AGREEING TO THESE TERMS, YOU EXPRESSLY AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOUR USE OF OUR SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK, AND OUR SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE PLATFORM AND/OR THE SERVICES.
VA BEAU MAKES NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE PLATFORM AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM AND SERVICES WILL BE ACCURATE OR RELIABLE.
USE OF THE VA BEAU SERVICES IS AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE PLATFORM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING THE PLATFORM.
THE PLATFORM CONTAINS OPINIONS AND VIEWS OF OTHER USERS AND THIRD PARTIES. VA BEAU DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT POSTED BY ANY OF USERS THAT ARE MADE AVAILABLE THROUGH THE PLATFORM. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND SERVICES (WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE PRICING, DESCRIPTION, PHOTOGRAPHS, FEATURES, EXCLUSIONS, AND BOOKING REQUIREMENTS).
YOU ACKNOWLEDGE AND AGREE THAT VA BEAU IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD VA BEAU LIABLE, FOR THE CONDUCT OF THIRD PARTIES OR THE PRODUCTS THAT THEY PROVIDE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES AND/OR PRODUCTS RESTS ENTIRELY WITH YOU. WE ARE NOT LIABLE FOR THE ACTS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE, OR THE MISCONDUCT OF ANY THIRD PARTY OR FOR ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES, COSTS, CLAIMS, OR EXPENSES RESULTING FROM YOUR USE OF OUR SERVICES AND YOUR PURCHASE OF ANY PRODUCTS AND/OR SERVICES THROUGH OUR PLATFORM. WE WILL FURTHERMORE NOT BE RESPONSIBLE FOR ANY REFUND, DELAYS, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, AND ANY OTHER CAUSES THAT MAY IMPEDE YOUR ENJOYMENT OF THE PRODUCT AND/OR SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU UNDERSTAND THAT VA BEAU DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS.
13. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SERVICES INCLUDING:
IN ALL EVENTS, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM IS LIMITED TO THE TOTAL AMOUNT OF FEES YOU PAY TO US IN CONNECTION WITH ANY TRANSACTION FROM WHICH A DISPUTE ARISES.
14. Termination of Use
You agree that we may terminate or suspend your access to all or part of the Platform or our Services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons, your right to use the Services immediately ceases, and you agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such Services or this Platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination, suspension, or any other actions taken by us in connection with such termination or suspension.
15. Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH VA BEAU AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
Any disputes, Claims or controversies arising out of or relating to this Arbitration Agreement, the breach thereof, or any use of our Services, except for Claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration under the International Chamber of Commerce (“ICC”) governing rules and procedures. In agreeing to arbitrate all Claims, you and Va Beau waive all rights to a trial by jury in any action or proceeding involving any Claim. This arbitration undertaking is made under and in connection with a transaction involving interstate or international commerce and shall be governed by and construed and interpreted under the ICC rules. If the rules and procedures of the ICC cannot apply, the state law governing arbitration agreements in the state in which you live shall apply. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted after the Effective Date of this Agreement and shall survive termination of your relationship with Va Beau.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for non-payment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and Va Beau. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have authority to award legal and equitable relief on an individual basis that any judge in a court of law would have.
The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator’s decision is final and binding on you and Va Beau.
Restrictions. The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent allowed by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration. The parties agree that the following dispute are not subject to the above provisions concerning binding arbitration: (a) any dispute seeking to enforce or protect, or concerning the validity of, the intellectual property rights of a party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that part of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
16. Severability
If any part or parts of these Terms are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Terms shall continue in full force and effect.
17. Assignment
The Terms, and your rights and obligations, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Va Beau’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
18. Force Majeure
Va Beau will not be liable for failing to perform under these Terms by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a distributor of Va Beau to perform, fire, terrorism, natural disaster, pandemic, or war.
19. Questions, Complaints, Claims
If you have questions, complaints or claims regarding Va Beau, please contact us at care@vabeau.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
20. Governing Law and Jurisdiction
By accessing this Platform, you agree that the statutes and laws of California without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of Services. You agree and submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within California regarding such matters.
Even though our Services may be accessible worldwide, we make no representation that content on our Services is appropriate or available for use in locations outside the United States, and accessing our Services from territories where the content is illegal is prohibited. Those who access our Services from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product or information made in connection with our Services is void where prohibited.
By using our Services and submitting any personal information, you consent to the transfer of personal information to other countries, such as the United States, which may provide a level of data security different from your country of residence.
21. Notice
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to care@vabeau.com.
22. Waiver
Any waiver or failure to enforce any provision of the Terms will not be deemed a waiver of any other provision or of such provision on any other occasion.
23. Entire Agreement
The Terms are the final, complete, and exclusive agreement of the parties regarding the subject matter hereof and supersedes and merges all prior discussions between the parties regarding such subject matter.