TERMS OF USE
The following terms and conditions of use apply to all visitors to or users of the http://www.nickiminajbeauty.com website (the "Site"). By visiting the Site, you accept without limitation or qualification these terms and conditions. Elizabeth Arden, Inc. ("Elizabeth Arden" or "we") 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, we reserve 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.
You should also review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices.
Limited License
All materials contained on this Site are the copyrighted property of Elizabeth Arden or are used under license. Elizabeth Arden authorizes you to copy materials published by us 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. Any unauthorized use by you of the Site, including unauthorized use in any manner or form of materials contained on the site, terminates the limited license without prejudice to any other remedy provided by applicable law or these Terms of Use.
User Information
In order to access or use some (or potentially all) of the features of this Site, you may need to become a registered user. The decision to become a registered user is optional; however, if you elect not to register with the Site, you understand that you may not be able to access or use certain features of the Site. You may access the Site only by using your account information, and you are responsible for safeguarding and maintaining the confidentiality of your account information.
You agree to (i) provide accurate, current and complete information about you as may be prompted by any forms for the Site ("Personal Information"); (ii) maintain and promptly update the Personal Information and any other information you provide to us, to keep it accurate, current and complete; (iii) maintain the confidentiality of your account information; and (iv) accept full responsibility for all consequences of all actions initiated and all conduct that occurs under your account. Elizabeth Arden's information collection and use policies with respect to User Information are set forth in Elizabeth Arden's Privacy Policy which is incorporated herein by reference for all purposes.
By uploading content to the Site or sending content to us through the Site or any other vehicle, you hereby grant us a perpetual, irrevocable, royalty-free license to use, display, catalog, modify, edit, adapt, compile, distribute or otherwise exploit any such content. Such uses can include creating a compilation of comments or sharing those comments with third parties. We may also use your name or screen name associated with such content. We shall not seek additional permission from you for any uses and you expressly waive any right of approval or compensation for such uses.
Submissions
Should you provide Elizabeth Arden with information, including feedback data such as questions, comments, or suggestions, or any other content including, but not limited to, photos, images, illustrations, artwork, symbols, copy, written words, videos, digital media, audio recordings, or any other content in any media or format whatsoever, such information shall be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. In addition, Elizabeth Arden shall be free to reproduce, use, store, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information and content to others without limitation, forever, in any media now known or which may become known, and to authorize others to do the same, without consultation, compensation, or attribution with/to you or any other person or entity. Further, Elizabeth Arden shall be free to use the information and content, including but not limited to any ideas, concepts, know-how or techniques contained in such information and content, for any purpose whatsoever, including, but not limited to, advertising, promoting, developing, manufacturing and marketing itself, its licensors and licensees, and other designees, and all related products, services, and activities. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by Elizabeth Arden's Privacy Policy.
You are solely responsible for the content of any comments you make. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site or through the Site's services or features by users, and we are not responsible for any such materials posted by users. You agree that no comments submitted by you to this Site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; or (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this Site by you.
NICKI MINAJ FRAGRANCES - MINAJ A MOI EXPERIENCE
NO PURCHASE NECESSARY TO PARTICIPATE. OPEN TO ANYONE THIRTEEN (13) YEARS OF AGE OR OLDER WHO HAS ACCESS TO THE WEBSITE http://www.nickiminajbeauty.com/#minajamoi. INTERNET ACCESS AND PHOTO UPLOADING CAPABILITY REQUIRED TO PARTICIPATE.
- NAME: Nicki Minaj Fragrances - Minaj a Moi (“Promotion”.)
- SPONSOR: The Promotion is sponsored by Elizabeth Arden, Inc., 200 Park Avenue South, New York, NY, 10003 (“Sponsor”.)
- SUBMISSION PERIOD:
The Promotion begins on March 18, 2013 and ends on December 31, 2013 (“Submission Period”.) For the purposes of these Terms & Conditions (“Terms & Conditions”), all time are Eastern Time (U.S.A.).
- PROMOTION OVERVIEW:
The Promotion is designed to give you the opportunity to “Minaj” your look by adding hair, makeup, and accessories to a photograph of yourself. You will also have the option to share your customized look via email, Facebook, or Twitter. We may even add your customized photo to the online Minaj a Moi gallery!
- ELIGIBILITY:
NO PURCHASE NECESSARY TO PARTICIPATE. The Promotion is open to anyone thirteen (13) years of age or older. In order to participate, you must have Internet access and the ability to upload photos. Normal Internet access and usage charges imposed by your online service will apply and are not the responsibility of Sponsor.
- HOW TO PARTICIPATE: During the Submission Period, you must complete each of the following steps:
- STEP 1: Go to the Nicki Minaj Fragrances website at http://www.nickiminajbeauty.com, and navigate to the Minaj a Moi Promotion Page (“Promotion Page”); AND
- STEP 2: Follow the instructions on the Promotion Page, including verifying your eligibility and your consent to the Terms & Conditions; AND
- STEP 3: Upload your photo and customize your look; AND
- STEP 4: Submit your look! (“Submission”.) You may also share your look via email, Facebook, and/or Twitter.
IMPORTANT PHOTO SUBMISSION GUIDELINES:
Your Submission must not contain names, addresses, phone numbers, email addresses, or other personally identifiable information of you or anyone else.
You must not submit, upload, post, transmit, transfer, distribute, or facilitate distribution of any Submission that contains, as determined by the Sponsor in its sole discretion, any content that:
- is violent;
- is derogatory of any ethnic, racial, gender, religious, professional, or age group, or of any other characteristic, trait, affiliation, or association;
- defames, misrepresents, or contains disparaging remarks about other people or companies;
- endorses any form of hate or hate group;
- contains nudity or is or sexually explicit, suggestive, or pornographic;
- depicts or promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- depicts or promotes any activity that may appear unsafe or dangerous;
- promotes any particular political agenda or message;
- is profane, obscene, or offensive;
- contains the name, likeness, voice, or other indicia of any person other than yourself, including, without limitation, celebrities and/or other public or private figures, living or dead, and used by you without permission;
- contains trademarks, logos, or trade dress (such as distinctive packaging, branded clothing, or building exteriors/interiors) owned by others and used by use without permission;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, social media, television, movies, or other media), and used by you without permission;
- communicates messages or images inconsistent with the positive images and/or good will to which Sponsor and Elizabeth Arden wish to associate; and/or
- violates any law.
BY PARTICIPATING IN THIS PROMOTION, EACH PARTICIPANT SPECIFICALLY AND IRREVOCABLY ACKNOWLEDGES AND AGREES THAT THE PARTICIPANT HAS READ AND CONSENTS TO ALL TERMS AND CONDITIONS SET FORTH IN THESE TERMS & CONDITIONS.
- S7. OWNERSHIP AND USE OF SUBMISSIONS:
All Submissions become the property of Sponsor. Without limiting any rights Sponsor may have pursuant to these Terms & Conditions, you hereby grant to Sponsor, its subsidiaries, successors, licensees, agents, and assigns, and others Sponsor may designate, the unlimited right and permission to exploit, exhibit, display, post, edit, and otherwise use your Submission (and all material and information incorporated therein), and any material based on, derived from, or incorporating your Submission, together with any other material, in whole or in part, in perpetuity, anywhere in the world, in any and all media (whether now known or hereafter devised) without compensation or further consideration.
- NO OBLIGATION TO USE:
Sponsor shall have no obligation to use or post your Submission on the Website or anywhere else. Further, Sponsor may at any time abandon the use or posting of your Submission and/or remove your Submission from any media for any reason whatsoever in its sole discretion. If Sponsor elects to use or post your Submission, it may do so in whole or in part at its sole discretion. Sponsor will not consider any Submissions that are not submitted in accordance with these Terms & Conditions.
- REPRESENTATIONS AND WARRANTIES:
Each participant represents and warrants that he or she: (i) has read, understands, and will adhere to these Terms & Conditions; (ii) is at the time of entry/submission at least thirteen (13) years of age or older and, if required by law, has the permission of his or her parent or guardian to participate; and (iii) has the right to agree to and fully perform consistent with these Terms & Conditions and no consent of any third parties is required to grant the rights hereunder. Participants agree to defend, indemnify, and hold Sponsor, its parents and each of their respective successors, assigns, and licensees, harmless from and against any third party claim relating to any breach of any representation, warranty, or covenant made by such participant in connection with his or her participation in the Promotion.
- TAMPERING WITH PROMOTION:
Sponsor is not responsible for the actions of participants in connection with the Promotion, including participants’ attempts to circumvent the Terms & Conditions or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Promotion. Persons found tampering with or abusing any aspect of this Promotion, or who Sponsor believes to be causing or attempting to cause malfunction, error, disruption or damage will be disqualified. Additionally, any attempt to cheat the Promotion, as determined at the sole discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future Promotion. Sponsor reserves the right, at its sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these Terms & Conditions, or to be acting in an un-sportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
- RELEASES, WAIVERS AND DISCLAIMERS:
By entering into the Promotion, participants agree to release, discharge and hold harmless Sponsor and each of their parents, subsidiaries, affiliates, prize providers/suppliers, agents representatives, retailers, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the "Released Parties"), from any and all liability, claims, losses, injuries, demands, damages, actions, and/or causes of actions whether direct or indirect, which may be due to or arise out of or in connection with the participation in the Promotion, or while preparing for or participating in any Promotion-related activity (including, without limitation, liability for any property loss, damage, personal injury or death, violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property). Participants agree that the Released Parties shall have no responsibility or liability for human error; incorrect or inaccurate transcription of information; any technical malfunctions of the telephone network, computer equipment or systems, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Promotion website or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Promotion; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each participant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Promotion and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to participation in the Promotion. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- SUSPENSION / MODIFICATION / TERMINATION:
In the event Sponsor is prevented from continuing with the Promotion by any event beyond their control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within their control (each a "Force Majeure" event or occurrence), or for any other reason whatsoever, Sponsor shall have the right to modify, suspend, or terminate the Promotion in Sponsor’s sole discretion. Sponsor reserves the right to modify, suspend, or terminate the Promotion including, without limitation, make changes to these Terms & Conditions, without notice or by posting a notice on http://www.nickiminajbeauty.com, in its sole and absolute discretion.
- GOVERNING LAW / LIMITATION OF LIABILITY
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. By participating, participants agree to be bound by the Terms & Conditions and the decisions of the Sponsor which are final and binding in all respects. The Promotion will be construed and evaluated only according to United States law. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms & Conditions or the rights and obligations of participants, Sponsor, or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE PROMOTION, PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
- MISCELLANEOUS:
The invalidity or unenforceability of any provision of these Terms & Conditions will not affect the validity or enforceability of any other provision. In the event that any provision of the Terms & Conditions is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Terms & Conditions will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Terms & Conditions. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
- PRIVACY & DATA COLLECTION:
The Sponsor’s collection and use of personal information you may provide to Sponsor through the www.nickiminajbeauty.com website is governed by Sponsor’s Privacy Policy, available at http://www.nickiminajbeauty.com/#privacy. Neither the Sponsor nor any other Party on behalf of Sponsor will be collecting or using any personal information (such as name, address, email address, etc.) from participants in this Promotion.
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 and any unauthorized use of them may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. In other words, you may not use anything on our site without our written permission.
Other Intellectual Property
The trademarks, copyrights, music, logos, service marks and other protectable intellectual property ("Marks") displayed or heard on this Site are the property of or licensed to Elizabeth Arden. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site without the prior written permission of Elizabeth Arden.
The Site may provide you with the ability to download certain items, such as wallpapers. You are hereby granted a personal, non-exclusive, royalty-free right and license to use such items only where specific written permission and/or instructions accompany the item and only in the manner and to the extent identified in such permission/instructions or in the manner and to the extent as may be authorized in these Terms & Conditions, whichever is broader. You may not redistribute such items or use them for any commercial purpose without our prior written consent.
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.
Purchases
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests and promotions, all of which terms are made a part of these Terms 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 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.
Linking to This Site
Creating or maintaining any link from another web site to any page or page content 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.
Links to Other Web Sites
Elizabeth Arden makes no representation whatsoever regarding the content of any other web sites which you may access from this site. When you access a non-Elizabeth Arden web site, please understand that it is independent from us and that we have no control over the content on that web site. A link to a non-Elizabeth Arden web site does not mean that we endorse or accept any responsibility for the content or use of such web site.
General Disclaimer
Although we have attempted to provide complete and accurate information on the Site, Elizabeth Arden assumes no responsibility for the accuracy of information provided herein. We reserve the right to (i) modify, suspend or terminate the operation of or access to the Site, (ii) change the Site, its programs or products mentioned, or (iii) discontinue or interrupt the operation of the Site for required maintenance. Mention of any products or services on the Site is for informational purposes only and does not constitute an endorsement or a recommendation of the product or service.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ELIZABETH ARDEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ELIZABETH ARDEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ELIZABETH ARDEN DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. ELIZABETH ARDEN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT ELIZABETH ARDEN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ELIZABETH ARDEN BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY DOWNLOADED MATERIALS, EVEN IF ELIZABETH ARDEN OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ELIZABETH ARDEN'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO ELIZABETH ARDEN, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold us, and all of our officers, directors, owners, agents, employees, affiliates, subsidiaries, licensors and licensees (collectively, the "Indemnified Parties") harmless for and against 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.
Compliance with Applicable Laws; Export Control Laws
All information contained on this Site is intended for the United States market. This Site is subject to United States export control laws and may also be subject to the laws of the country where you reside. You may not download or export any software or certain technical data from this Site (i) into (or to a national or resident of) any country to which the United States has embargoed goods, including, but not limited to, Cuba, North Korea, Iran, Syria and Sudan, or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using any software or technical data, 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.
Termination
This agreement to be bound by these Terms of Use is effective unless and until terminated by either you or Elizabeth Arden. You may terminate this Agreement at any time by no longer using this Site, provided that all prior uses of this Site shall be governed by this Agreement. Elizabeth Arden may terminate this Agreement at any time and without notice, and accordingly deny you access to this web site, in Elizabeth Arden's sole discretion for any reason, including your failure to comply with any provision of this Agreement. Upon any termination of this Agreement by either you or Elizabeth Arden, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
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, County of New York, or in the United States District Court for the Southern District of New York.
Severability
If any provision of these Terms of Use shall be held unlawful, void or unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Elizabeth Arden’s designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent / Elizabeth Arden email: copyrights@elizabetharden.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to consumer@elizabetharden.com. Y ou acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Under Use & Disclosure in the privacy policy, need to add a bullet about how Elizabeth Arden will use any photos or other content submitted by users.
Contact Us
If you have any questions, comments or concerns about our Site or these Terms of Use, you may email us at consumer@elizabetharden.com
This Terms of Use statement was last updated on March 18, 2013.
NICKI MINAJ is a trademark used under license.
©2013 Elizabeth Arden, Inc. All rights reserved.
