Elizabeth Arden New Zealand TERMS AND CONDITIONS OF USE.
You are permitted to access and download certain content ("Materials") from the Site. All Materials contained on this Site are the copyrighted property of Elizabeth Arden. Elizabeth Arden authorises you to copy Materials published by Elizabeth Arden on this Site solely for your personal, non-commercial use. No other use of the Materials is authorised. Everything you download, the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is licensed to you by Elizabeth Arden. In consideration of this authorisation, 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 in these terms and conditions shall be construed as conferring any licence or right under any intellectual property right (including, without limitation, patent rights, trademark or copyright) of Elizabeth Arden or any third party. All content, including, but not limited to, text, graphics, designs, and programming, on this site is protected by copyright. Except as specifically permitted in these terms and conditions, 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 unauthorised use by you of the Site terminates the limited licence without prejudice to any other remedy provided by applicable law or these terms and conditions.
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.
Communications Transmitted to the Site, including User Forums.
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 authorised by you, is prohibited unless specifically permitted by Elizabeth Arden. Any unauthorised use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Elizabeth Arden or other third parties. Nothing contained on this Site should be construed as granting any license or right to use any Mark displayed on the Site without the prior 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 in these terms and conditions, 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.
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 may change the programs or products mentioned at any time without notice. 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" without warranty of any kind, either express or implied. Elizabeth Arden disclaims all warranties, express or implied including but not limited to, warranties of performance, satisfactory quality or fitness for any purpose, all of which are excluded to the fullest extent permitted under applicable law. Elizabeth Arden accepts liability without limit for fraud or for death or injury to the extent it results from its negligence or the negligence of its employees or agents. Subject to the above, Elizabeth Arden shall not be liable for any liability to you, whether in contract, tort, including negligence or otherwise, for any damage, cost, loss or expense (and whether, without limitation, such damages, losses or expenses are direct, indirect, incidental, punitive, special or consequential) you may incur as a result of using the site, or any action or omission made in reliance on or as a result of information contained in this site, even if Elizabeth Arden has been advised of its possibility. You agree and accept that all costs of and associated with all necessary servicing, repair or correction of your computer arising out of this site shall be your responsibility and Elizabeth Arden shall have no liability for any such costs. Elizabeth Arden shall also have no liability for events beyond its reasonable control. Elizabeth Arden reserves the right to restrict or suspend access to the site at any time and without notice.
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.
Elizabeth Arden may also, from time to time, offer free product samples on the Site. While reasonable efforts are taken to ensure that these samples are available whenever promoted on the Site, not all samples mentioned will be available in your country. In addition, samples are only available "while supplies last". Elizabeth Arden cannot be held liable should free products become unavailable.
Links to Third Party Sites.
This Site may contain links to third party sites. 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 legal fees, resulting from any third party claim, action or demands resulting from (1) your use of the Site; (2) breach of these terms and conditions; or (3) any claim that the access or use of this Site by you infringes any intellectual property rights of a third party or is defamatory. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal 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.
These terms and conditions 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.
This Site is not directed at any person in any jurisdiction where for any reason the publication or availability of this Site is prohibited. Where a prohibition applies to you, do not access this Site.
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.
These terms and conditions are effective from and were last updated on January 5, 2006.