These Terms of Use ("Terms") are an agreement between Pastel Capital Inc. (also known as Pastel Capital Ltd., Pastel Capital MLP, Pastel Capital LLP, Pastel Capital LLC, Pastel Capital GP, Pastel Capital, Pastel Cap, Pastel Venture Capital, or likewise) ("Pastel Capital," "we," "us," or "our") and the individuals who use our website and services ("you" or "your").
Pastel Capital owns and operates pastelcapital.com and any other sites that link to these Terms (each a "Site"). Through the Sites, we provide information and resources about our firm, our investment thesis, our portfolio, and Brandflow.Cloud™ (the "Services").
By using the Sites, you agree to these Terms. If you do not agree, please do not use the Sites.
General Terms
Subject to your ongoing compliance with these Terms, Pastel Capital grants you a limited, revocable right to access and use the Sites for their intended purposes. If you use the Sites on behalf of a business or other entity, you represent that you have authority to bind that entity, and "you" includes that entity.
By using the Sites, you represent that you are of legal age to form a binding contract with Pastel Capital.
Pastel Capital may change, suspend, or discontinue any part of the Sites at any time, with or without notice, and is not liable if any part of a Site is unavailable. We may block or deny access to anyone at any time for any reason, and we are not obligated to update any information on the Sites.
Changes to these Terms
We may update these Terms at any time. Changes take effect the earlier of (i) your first use of the Sites with notice of the change, or (ii) 30 days after the change is posted. Disputes are resolved under the version of the Terms in effect when the dispute arose. For material changes, we will make reasonable efforts to notify you, such as by email or a notice on the Sites.
Accounts and Security
Certain areas of the Sites, including the Portfolio, require an account. You may create an account with email and password or sign in with Google, Apple, Microsoft, or Facebook.
- Your account is for your use only. Do not share access with anyone else.
- You are responsible for keeping your credentials confidential.
- Notify us immediately at legal@pastelcapital.com if you become aware of any unauthorized use of your account.
- Use caution when signing in from a public or shared device.
Information you provide must be correct, current, and complete. Pastel Capital may disable any account at any time in its sole discretion. Circumventing account access controls may be a violation of law.
Confidential Portfolio Information
Portfolio information available to signed-in members is provided for informational purposes only. You agree not to copy, scrape, republish, or distribute portfolio content without our prior written consent.
Not an Offer or Investment Advice
Nothing on the Sites is an offer to sell, or a solicitation of an offer to buy, any security or interest in any fund or company. Nothing on the Sites is investment, legal, tax, or accounting advice. Any investment is made only through definitive legal documents.
Pitches and User Content
When you submit a pitch, message, or other content through the Sites ("User Content"), you represent that you have the right to share it. Pastel Capital reviews many submissions and may already be evaluating ideas similar to yours; we do not sign non-disclosure agreements for unsolicited pitches, and submitting User Content does not create any confidential or fiduciary relationship.
You grant Pastel Capital a non-exclusive, royalty-free license to use, store, and review your User Content for the purpose of evaluating it and communicating with you.
Content Standards
You agree not to submit content or use the Sites in any way that:
- violates any applicable law or regulation;
- is defamatory, obscene, harassing, hateful, or otherwise objectionable;
- infringes the intellectual property or privacy rights of others;
- contains viruses, malware, or other harmful code;
- impersonates any person or misrepresents your affiliation with any person or entity; or
- interferes with the proper operation or security of the Sites.
Reliance on Posted Information
Information on the Sites is provided for general information only. We do not warrant its accuracy, completeness, or usefulness, and any reliance you place on it is at your own risk.
Intellectual Property
The Sites and their content, including the Pastel Capital name, logos, and the Brandflow.Cloud™ mark and framework, are owned by Pastel Capital or its licensors and are protected by intellectual property laws. You may not use them without our prior written permission.
Disclaimer and Limitation of Liability
THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PASTEL CAPITAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITES.
California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following notice: if you have a question or complaint regarding the Sites, please contact us at legal@pastelcapital.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210. Our handling of California residents' personal information is described in our Privacy Notice.
Users in the European Economic Area, UK, and Switzerland
If you access the Sites from the European Economic Area, the United Kingdom, or Switzerland, our processing of your personal information is described in our Privacy Notice, including your rights under the General Data Protection Regulation (GDPR). Nothing in these Terms limits any mandatory consumer protection rights you have under the laws of your country of residence, and you may bring a claim in the courts of that country where those laws require it.
Governing Law and Jurisdiction
These Terms and any dispute arising from them are governed by the internal laws of the State of California, without giving effect to any choice or conflict of law provision. Any legal action arising out of these Terms or the Sites will be brought exclusively in the state or federal courts located in Los Angeles County, California.
Contact
Questions about these Terms? Contact us at legal@pastelcapital.com.