M by Mariah Carey Australia
TERMS AND CONDITIONS OF USE

The following terms and conditions of use apply to all visitors to or users of the http://www.mariahcareybeauty.com.au 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. You are bound by any such revisions and 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 seek, suspend or terminate your access to the Site without notice, as well as to take all remedies available 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.

1. Limited License.

All materials contained on this Site are the copyrighted property of Elizabeth Arden or its licensors. 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 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 other 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, 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 contained in these terms and conditions of use, without prejudice to any other remedy provided by any applicable law.

2. Compliance with Applicable Laws; Export Control Laws.

This Site is subject to United States export control laws and may also be subject to certain 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, including User Forums.

Any communication or material other than Personally Identifiable Information ("PII"), as defined in our Privacy Policy, that 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, non-confidential and non-proprietary. Except for PII, 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. We will deal with your PII in accordance with our Privacy Policy. 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. Please be aware that postings to the Site do not necessarily reflect the views of Elizabeth Arden, and Elizabeth Arden shall not assume or have any liability for any posting. Neither shall Elizabeth Arden be obligated to review the accuracy of any posting to the Site. Visitors may not post any information intended to promote and/or generate revenue for any third party business activity. Although Elizabeth Arden periodically monitors the content posted on the Site, we cannot be responsible for the views or opinions expressed by third parties. Elizabeth Arden also reserves the right to edit, delete or refuse to post any messages that are profane, obscene, personal attacks on other individuals, slanderous, defamatory, pornographic, threatening, or harassing, or that contain any other information that Elizabeth Arden deems to be inappropriate for the Site or that in any other way violate these terms and conditions of use, as well as any applicable law.

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 communications regulations and statutes.

5. Trademarks.

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, 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 permitted by any applicable law, including the seeking of criminal prosecution where available under any applicable law. ELIZABETH ARDEN is a trademark of FD Management, Inc. and Mariah Carey is a trademark of Automatic Princess Holdings LLC and is used with permission.

6. General

No part of these Terms and Conditions of use excludes, restricts or modifies any condition or warranty implied into these terms and conditions of use or any liability imposed on Elizabeth Arden or other members of the Elizabeth Arden Group by any law (including the Trade Practices Act 1974 (Cth) (Australia)) if to do so would contravene that law or make any part of these terms and conditions of use void.

7. 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 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. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO CLAUSE 6, ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED TO THE EXTENT PERMITTED BY LAW, ALL CONDITIONS, WARRANTIES AND OTHER TERMS IMPLIED BY STATUTE, CUSTOM OR THE COMMON LAW ARE EXCLUDED FROM THESE TERMS AND CONDITIONS OF USE.

IF ANY STATUTE IMPLIES TERMS INTO THESE TERMS AND CONDITIONS OF USE WHICH CANNOT BE LAWFULLY EXCLUDED THEN THOSE TERMS WILL APPLY AND, TO THE EXTENT PERMITTED BY LAW, THE LIABILITY OF ELIZABETH ARDEN FOR THE BREACH OF ANY SUCH TERM WILL BE LIMITED, AT THE OPTION OF ELIZABETH ARDEN, TO ANY ONE OR MORE OF THE FOLLOWING:

IN THE CASE OF GOODS, REPAIR OR REPLACEMENT OF THE GOODS OR PAYMENT FOR THE COST OF REPAIR OR REPLACEMENT;

IN THE CASE OF SERVICES, RESUPPLY OF THE SERVICES OR PAYMENT OF THE COST OF THE RESUPPLY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO CLAUSE 6, ELIZABETH ARDEN EXCLUDES LIABILITY (WHETHER THAT LIABILITY ARISES UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STATUTE FOR:

(A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES; OR

(B) ANY LOSSES OR DAMAGES ARISING OR RELATING TO INTERRUPTION OF BUSINESS, SYSTEM FAILURES, INCLUDING VIRUSES OBTAINED DURING HYPERLINKING, 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, INACCURACIES OR OMISSIONS IN CONTENT, AND EVENTS BEYOND OUR REASONABLE CONTROL,

EVEN IF ELIZABETH ARDEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE BY ELIZABETH ARDEN.

8. 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.

9. 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.

10. Indemnification.

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.

11. 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 other jurisdiction.

12. Severability.

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.

13. Contact Us.

If you have any questions, comments or concerns about our website or these terms and conditions of use, you may contact us at: contactus@mariahcareybeauty.com.au.

M by Mariah Carey Australia TERMS AND CONDITIONS OF USE