These Terms and Conditions ("Terms") are a legal contract between you and ASTELLAN Fragrances Ltd. ("AL", "we" or "us"). These Terms explain the website you are permitted to use: https://www.astellanfragrances.com/ (collectively, the "Website"). Unless otherwise specified, all references to the "Website" include the content and services available through the Website (the "Services"). By using the Website, you agree to all of the Terms; if you do not agree to any of these Terms, please do not access or otherwise use the Website, any services provided through the Website, or any information contained on the Website.
NOTICE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND REGARDING A DISPUTE YOU MAY HAVE WITH AL. YOU MAY OPT OUT OF BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Changes.
AL may change the content and services offered on this website at any time. AL may change, update, add or remove terms from these Terms at any time by posting the updated Terms on this website. By using this website after AL updates the Terms, you agree to all updated Terms; if you do not agree to any updated Terms, you must stop using this website.
General Use.
By using this Website, you represent, acknowledge and agree that you are at least 18 years old, or if you are under 18 years old but 13 years old or older (a "Minor"), you have obtained your parent's or legal guardian's consent to use this Website and you have obtained your parent's or legal guardian's permission to use this Website and agree to its terms. If you are the parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and you agree to fully indemnify and hold AL harmless if the Minor violates any of these Terms. If you are under 13 years of age, you may not use this Website at any time or in any manner and may not submit any information to AL or this Website.
The content that AL makes available through the Website and Services is the copyrighted and/or trademarked work of AL or its third-party licensors and suppliers or other users of the Website (collectively, the "Materials"). The Materials may include logos, graphics, videos, images, software and other content.
Subject to the terms and conditions of these Terms and your compliance with these Terms, AL hereby grants you a limited, personal, non-exclusive, non-transferable license to use and display the Materials and to use the Site solely for your personal use. Except for the foregoing license, you have no other rights in or to the Site or any Materials, and you may not modify, edit, copy, reproduce, create derivative works from, reverse engineer, alter, enhance or in any way exploit the Site or the Materials in any way.
If you breach any of these terms, the above license will automatically terminate and you must immediately destroy any downloaded or printed materials.
Use of the Website and the Services on the Website.
You may only browse the Website but not use any of the Services on the Website. You do not need to register with AL to access and browse the Website.
System Requirements.
You must have a broadband Internet connection, the following browsers and media players, and any other software and hardware necessary to access and fully use the Site and Materials. AL reserves the right to change any minimum system requirements at any time.
Electronic Communications.
By using this Website and/or the services offered on or through this Website, you consent to receive electronic communications from AL. These electronic communications may include notices regarding applicable fees and charges, transactional information, and other information relating to this Website and/or the services offered on or through this Website. These electronic communications form part of the relationship between you and AL. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Third Party Content.
Certain materials that are not Submissions (defined below as “Submissions”) may be provided to AL by third party licensors and suppliers (“Third Party Content”) for which separate additional terms govern the use of such Third Party Content.
Links to Third-Party Websites.
The Website may link to other websites that are not AL websites, including, but not limited to, social networking, blogging and similar websites through which you can log into the Website using your existing account and login credentials for such third-party websites (some or all of which may change from time to time) and websites that provide question and answer forum functionality (collectively, the "Third-Party Websites"). Certain areas of the Website may allow you to interact and/or conduct transactions with such third-party websites, and in some cases, you may be transferred to a third-party website via a link, but you appear to remain on the Website. Regardless, you acknowledge and agree that the privacy policies, terms and conditions and/or user guides and business practices of the third-party websites may differ from those of AL, and you further acknowledge and agree that your use of such third-party websites is subject to the respective third-party website privacy policies, terms and conditions and/or user guides. You hereby agree to abide by all terms and conditions, user guides and privacy policies of any third-party website. AL provides links to third-party websites as a convenience to you, but AL does not verify, make any representations, and is not responsible for such third-party websites, including, without limitation, the truthfulness, accuracy, quality, or completeness of their content, services, links displayed, and/or any other activities conducted on or through such third-party websites. You agree that in no event shall AL be responsible or liable, directly or indirectly, for any goods, services, information, resources, and/or content available on or through any third-party websites and/or third-party transactions or communications, or for any damages related thereto, or for any damage or loss caused or alleged to be caused by your use of or reliance on any third-party content or business practices. Any reference on this website to any product, service, publication, institution, organization of any third-party entity or person does not constitute or imply an endorsement or recommendation by AL.
Submissions.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or materials that you submit, upload, post or otherwise make available on or through the Site (collectively, "Submissions") and the services offered through the Site. We do not guarantee that you will be able to edit or delete any Submission you have submitted.
By submitting any work, you promise us that:
You own all rights to your Submission (including, without limitation, all rights to reproduce and display your Submission), or you have obtained all necessary rights to your Submission to enable you to grant us the rights to your Submission as described in these Terms;
You have paid and will pay in full all license fees, clearance fees and other financial obligations of any kind incurred as a result of the use or commercial exploitation of your Submission;
Your Submission does not infringe upon any third party’s copyright, trademark, patent, trade secret or other intellectual property rights, privacy rights or any other legal or moral rights, and the burden of determining whether any Submission is protected by such rights rests with you;
You voluntarily agree to waive all “moral rights” you may have in your Submission in favor of us and our successors in interest;
You are not aware that any information contained in your Submission is false, inaccurate or misleading;
Your Submission does not violate any law (including, without limitation, laws regarding the publication of import control, consumer protection, unfair competition, anti-discrimination or false advertising laws); your Submission is not, and should not reasonably be construed as, defamatory, libelous, hateful, racially, ethnically, religiously or otherwise biased or offensive to any person, partnership or corporation, unlawfully threatening or unlawfully harassing, vulgar, pornographic, obscene or invasive of another’s privacy;
You have not and will not receive any compensation or any consideration from any third party for submitting your Submission;
Your Submission does not contain material from a third-party website, or addresses, e-mail addresses, contact information or telephone numbers (other than your own); Your Submission does not contain any viruses, worms, spyware, adware or other programs or files that may cause damage;
Your Submission does not contain any information that you consider confidential or personal; and
Your Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of unlawful solicitation.
You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, breach of contract, privacy or publicity rights, or any other damages resulting from any Submission you submit. You are solely responsible for each Content you submit, including its legality, reliability, and appropriateness.
Unless otherwise expressly provided herein or in the AL Privacy Statement, you agree that any Submissions you provide in connection with the Site are provided on a non-proprietary and non-confidential basis. You hereby grant AL a non-exclusive, perpetual, irrevocable, royalty-free, fully paid, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works from, publish, transmit and distribute each of your Submissions or any portion thereof in any form, media or distribution method now known or hereafter existing, known or developed, and to authorize others to use the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media, and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. AL consents to the use of any personally identifiable information contained in any Submission you submit in accordance with AL's Privacy Statement.
You agree to pay all royalties, fees, damages and any other amounts owed to any person by reason of any Submissions you post on or through the Site.
Unauthorized Activity.
When using the Site and/or Services, you agree not to:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Use racially, ethnically or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images (real or simulated).
Post any content that exploits children or minors or depicts animal cruelty.
Post any material protected by copyright or trademark without the express permission of the owner.
Disseminate any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of such solicitation.
Use any robot, spider, crawler or other automated means to access the Site.
Take any action that imposes an unreasonable or disproportionate load on our infrastructure.
Alter the opinions or comments posted by others on this Site.
Post any material that is patently false or misleading.
Post any content that is unrelated to our business, products or services.
Post any content that is damaging to our public image, goodwill or reputation, provided that the foregoing does not apply to you if applicable law prohibits such restriction.
This list of prohibitions is provided for example purposes only and is not complete or exclusive. AL reserves the right to (a) terminate your access to your account, your ability to post to the Site (or use the Services), and (b) refuse, delete or remove any Submissions, with or without cause, with or without notice, for any reason or no reason, or for any conduct that AL determines to be inappropriate or disruptive to the Site or any other user of the Site and/or the Services. AL may report any conduct that may be illegal and any reports of such conduct received to law enforcement authorities. AL will cooperate with law enforcement authorities in investigating any suspected illegal activity on the Site or on the Internet when required by law or at AL's sole discretion.
Ownership.
Unless otherwise noted, the AL logo and all trademarks and service marks on this website are owned by AL affiliated companies. AL trademarks may not be used in connection with any non-AL product or service.
Unless otherwise specified in these Terms, all information and screens appearing on this website, including documents, services, website design, text, graphics, logos, images and icons, and the arrangement thereof, are the sole property of AL. All rights not expressly granted herein are reserved. Unless otherwise required or restricted by applicable law, the reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent or permission of the copyright owner.
Intellectual Property Infringement.
AL respects the intellectual property of others, and we ask you to do the same. AL may, in appropriate circumstances and at its sole discretion, terminate service and/or access to the Site to users who infringe the intellectual property of others. If you believe that your work constitutes copyright infringement and/or trademark infringement and appears on our Site, please provide AL's designated agent with the following information:
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 and/or trademarked work claimed to have been infringed, or, if multiple 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 from the Site or access to which is to be disabled, and information reasonably sufficient to permit AL to locate the material.
Information reasonably sufficient to permit AL to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
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 and/or trademark owner, its agent, or the law.
Notices of claims of copyright or trademark infringement on this website should be sent to:
ASTELLAN Fragrances Ltd,
38 Grosvenor Street,
Mayfair, London W1K 4AQ,
United Kingdom
Email: [email protected]
Please also note that any person who knowingly materially misrepresents that material or activity is infringing may be liable for copyright infringement under the Copyright Act.
Disclaimer.
Your use of the Website and/or Services is at your own risk. AL has not verified or authenticated the materials on this Website, in whole or in part, and they may contain inaccuracies, typographical errors or other errors. AL does not guarantee the accuracy and timeliness of the materials on this Website. AL is not responsible for any errors or omissions in the materials, whether provided by AL, our licensors, suppliers or other users.
Any warranties made by the Company are for the benefit of the users of the Website only and not for the benefit of any third party. Any materials provided through this Website are licensed and not sold. AL itself and its licensors make no representations, warranties or guarantees, whether express, implied or statutory, with respect to the Website, the Services or any of the quality, suitability, operability, condition, system integration, non-interference, workmanship, truth, accuracy (of data or any other information or content), defects (whether implicit or explicit) or completeness of any information or material contained or presented on this Website (including but not limited to the Materials). Unless expressly stated otherwise, to the maximum extent permitted by applicable law, the Website, the Services and Materials and any information or materials contained or presented on the Website are provided to you on an "as is," "as available," and "where available" basis, without any warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. AL does not provide any warranty against viruses, spyware or malware that may be installed on your computer.
Indemnification; Limitation of Liability.
You agree to defend, indemnify and hold harmless AL, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or related to your breach of these Terms or your use of the Site, including, without limitation, your Submissions, any use of the Site's content, services and products (except as expressly authorized in these Terms), or your use of any information obtained from the Site.
AL shall not be liable for any damages resulting from your display, copying or downloading of the Site or any materials from the Site. To the maximum extent permitted by applicable law, in no event shall AL be liable for any indirect, special, exemplary, punitive, incidental or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however caused, even if AL is aware of the possibility of such damages.
General.
If we believe that you have failed to comply with these Terms, AL will notify you and recommend any necessary corrective actions. However, if AL determines that you have violated these Terms, we may terminate your access to the Site immediately without notice. Foreign Laws Not Applicable. The United Nations Act on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transaction Act (UCITA) do not apply to these Terms. AL's failure to enforce any term of these Terms does not constitute a waiver of that term. These Terms constitute the entire agreement between you and AL and supersede all prior or contemporaneous negotiations, discussions or agreements between you and AL with respect to the Site. The ownership, disclaimer, representations made by you, indemnification, limitation of liability and general provisions shall survive termination of these Terms.
Contact Us.
If you have any questions about these Terms or need to contact AL for any reason, you may contact us at [email protected].