TERMS AND CONDITIONS OF USE
The following terms and conditions of use apply to all visitors to or users of the shop.elizabetharden.com website (the "Site").
By visiting the Site, you accept without limitation or qualification these terms and conditions. Elizabeth Arden, Inc. ("Elizabeth Arden") reserves the right to change these rules and regulations from time to time at its sole discretion. Your continued use of the Site following the posting of changes means that you accept and agree to the changes and are bound by any such revisions. You should therefore periodically visit this page to review the current rules and regulations. In the case of any violation of these rules and regulations, Elizabeth Arden reserves the right to suspend or terminate your access to the Site without notice, as well as all other remedies available to it by law for such violations. These rules and regulations apply to all visits to this Site.
1. Limited License.
All materials contained on this Site are the copyrighted property of Elizabeth Arden. Elizabeth Arden hereby authorizes you to copy materials published by Elizabeth Arden on this Site solely for your personal, non-commercial use. No other use of the information is authorized. Everything you download, the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by Elizabeth Arden. In consideration of this authorization, you agree that any copy of these materials that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Elizabeth Arden or any third party.
ALL CONTENT, INCLUDING, BUT NOT LIMITED TO, TEXT, GRAPHICS, DESIGNS, STRUCTURE, "LOOK AND FEEL," ARRANGEMENT OF THE CONTENT, SOUNDS, MUSIC, ARTWORK, USER INTERFACES, VISUAL INTERFACES AND PROGRAMMING ON THIS SITE IS PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM ELIZABETH ARDEN. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
Any unauthorized use by you of the Site terminates the limited license without prejudice to any other remedy provided by applicable law or these terms and conditions.
2. Compliance with Applicable Laws; Export Control Laws.
This Site is subject to United States export control laws and may also be subject to the laws of the country where you reside. No software from this Site may be downloaded or exported (i) into (or to a national or resident of Cuba), Iraq, Libya, North Korea, Iran, Syria, or to any other country to which the United States has embargoed goods, or (ii) anyone on the United States Treasury Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
3. Communications Transmitted to the Site.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments or suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Anything you transmit or post may be used by Elizabeth Arden for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Elizabeth Arden is free to use any idea, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
4. Images of People and Places.
Images of people or places displayed on the Site, if any, are either the property of, or used with permission by Elizabeth Arden. The use of these images by you or anyone else authorized by you, is prohibited unless specifically permitted by Elizabeth Arden. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Elizabeth Arden, its affiliates or other third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on the Site without the written permission of Elizabeth Arden or such third party that may own the Mark displayed on the Site. Your misuse of the Marks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited. You are advised that Elizabeth Arden will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. "ELIZABETH ARDEN" is a trademark of FD Management, Inc.
6. General Disclaimer.
Although Elizabeth Arden has attempted to provide accurate information on the Site, Elizabeth Arden assumes no responsibility for the accuracy of the information. Elizabeth Arden reserves the right to do any of the following at any time without notice: (i) to modify, suspend or terminate the operation of or access to the Site; (ii) to modify or change the Site or any portion of the Site or its programs or products mentioned; or (iii) to interrupt the operation of the Site or any portion thereof for maintenance or other changes. Mention of non-Elizabeth Arden products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ELIZABETH ARDEN DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
ELIZABETH ARDEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, INTERRUPTION OF BUSINESS, SYSTEM FAILURES, INCLUDING VIRUSES OBTAINED DURING HYPERLINK, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DISTRUCTION OR OTHER MODIFICATION LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, ANY ELIZABETH ARDEN PRODUCT OR LINKS TO ANY THIRD PARTY WEBSITE FROM THE SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ELIZABETH ARDEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INACCURACIES OR OMISSIONS IN CONTENT, AND EVENTS BEYOND OUR REASONABLE CONTROL.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY.
7. Product Availability.
Because international information is provided at this Site, not all products or programs mentioned will be available in your country. Please contact us or your local sales representative for information as to products available in your country.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Elizabeth Arden may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Elizabeth Arden makes no commitment to update the materials on the Site with respect to such products and services.
9. Product Specifications; Shipping.
All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, colors, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained elsewhere on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
10. Linking to This Site.
Creating or maintaining any link from another web site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another Site without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rules and regulations.
11. Links to Third Party Sites.
This Site may contain links to third party web sites. These linked sites are provided solely as a convenience to our visitors. Access to any other Internet site linked to this Site is at the user's own risk, and Elizabeth Arden is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Your linking to any other site is at your own risk. You should review the terms and conditions of use and privacy policies of all third party web pages and other websites that you visit.
You agree to defend, indemnify and hold Elizabeth Arden and its affiliates and subsidiaries, harmless for any loss, damages, or costs, including reasonable attorney's fees, resulting from any third party claim, action or demands resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of any data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.
13. Governing Law.
These rules and regulations shall be construed in accordance with the laws of the State of New York, except that the federal laws of the United States shall govern all issues of copyright and trademark law. Notwithstanding the foregoing, no choice of law doctrine shall be used to apply the laws of any jurisdiction other than New York. Any action seeking legal or equitable relief arising out of or relating to this Site will be brought only in the courts of the State of New York or in the United States District Court for the Southern District of New York. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of these terms and conditions of use shall be held unlawful, void or unenforceable, then that provision shall be deemed severable from these terms and conditions of use and shall not affect the validity and enforceability of any remaining provisions.
We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination.
16. Contact Us.
If you have any questions, comments or concerns about our website or these Terms and Conditions of Use, you may email us at email@example.com. Any comments or feedback you provide shall be deemed to be non-confidential and Elizabeth Arden shall be free to use such information on an unrestricted basis.
This Terms and Conditions of Use statement is effective and was last updated on November 15, 2006.
Copyright © 2006 Elizabeth Arden, Inc. All rights reserved.