Last Modified: October 13, 2020
Accessing the Sites and Account Security
We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any of the Sites are totally or partially unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entire Sites, to users, including registered users.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not:
The Company name, the Company logo, any trademarks and service marks used or displayed on the Sites and all related names, logos, product and service names, designs, and slogans (collectively, the “Marks”) are trademarks of the Company, its affiliates or licensors. You must not use the Marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
Additionally, you agree not to:
The Sites may contain blogs, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “Site User Content”) on or through the Sites.
The Sites may also pull content from our users who share photos and videos on our social media pages (including but not limited to Facebook, Instagram, TikTok and Pinterest), using our brand hashtags or other social media tools, including without limitation #davinesnorthamerica, #createdwithdavines, #donewithdavines, #davines or tagging @davinesnorthamerica (collectively, the “Images”) together with other information you may have included or are associated with your Images (including but not limited to your social media handle, social media, username, and profile picture, (together with the Images, the “Social Media User Content”). The Site User Content and Social Media User Content are hereinafter referred to collectively as “User Contributions”.
All User Contributions must comply with the Content Standards (set forth below).
ANY USER CONTRIBUTION WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY. By providing or uploading any User Contribution on the Sites and/or social media platforms, you (i) grant us and our affiliates and service providers, and each of our and their respective successors and assigns, the right and a nonexclusive, worldwide, royalty free, fully paid up, transferrable, sub-licensable, perpetual and irrevocable license to reproduce, modify, perform, publish, adapt, display, distribute, create derivative works, disclose to third parties, and/or otherwise use such User Contribution, in whole or in part, without any compensation and for any purpose, in any media, including but not limited to on the Sites, social media pages and other digital media, newsletters, print materials, in-store materials, television and other broadcast media, for our marketing and/or advertising; and (ii) except where prohibited by applicable law, waive and agree not to assert any rights including but not limited to copyrights or “moral” rights or claims resulting from our reproduction, modification, performance, publication, adaptation, display, distribution, creation of derivative works, disclosure to third parties, and/or use of such User Contribution.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and that you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Sites.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANY OF THE FOREGOING PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Sites or our social media pages, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These standards (these “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
You hereby release, waive, acquit, hold harmless and forever discharge us, including our affiliates and service providers, each of our respective successors and assigns, from any and all claims, demands, liabilities, causes of action, lawsuits, proceedings, judgments, contracts, debts, expenses, liabilities, obligations, damages (including, without limitation, actual, consequential, and punitive), losses, penalties, costs (including cost of suit and attorneys’ fees) and allegations of any kind and character whatsoever belonging to you, whether legal, contractual, statutory, or equitable in nature, known or unknown, suspected or unsuspected, foreseen or unforeseen, asserted or unasserted, direct or indirect, absolute, fixed, or contingent, related to the User Contributions.
If you believe that any User Contributions violate your copyright, please send a notice (a “DMCA Notice”) of copyright infringement to our Digital Millennium Copyright Act (“DMCA”) agent below:
Davines Customer Service Department
Davines North America, Inc.
61 North 11th Street, 2nd Fl, Brooklyn, NY 11249
Your notice must include substantially the following:
If you believe that material you posted on the Sites was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “DMCA Counter Notice”) by submitting written notification to our DMCA agent.
The Counter Notice must include substantially the following:
If you fail to comply with all of the above requirements, your DMCA Notice or DMCA Counter Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Sites was (i) removed or disabled by mistake or misidentification, or (ii) infringing on your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.
It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.
The Sites may include content provided by third parties, including materials provided by other users, bloggers, licensors or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content specifically provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
SMS Service (Mobile Text Messaging)
The wireless carriers which support the SMS Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile phone number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of text messages, including, without limitation, notifying us immediately if you change your mobile phone number.
Without limiting the generality of the indemnification provisions under “Indemnification” below, you agree to indemnify, defend, and hold us harmless from any Losses (as defined below) including but not limited to penalties from government authorities arising from your use of the SMS Service or from you providing us with a phone number that is not your own.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS Service.
We may modify the terms that apply to the SMS Service at any time and your continued use of the SMS Service following the effective date of any such change shall constitute your acceptance of such changes. We do not charge for the SMS Service but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. We do not assume responsibility for charges by your wireless provider that you may incur when you sign up to receive text messages from us. Message and data rates may apply.
If you have subscribed to other Davines North America mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For SMS Service support or assistance, text HELP to contact Customer Care or email firstname.lastname@example.org.
Changes to theSites
We may update the content on the Sites from time to time, but their content is not necessarily complete or up-to-date. Any of the materials on the Sites may be out of date at any given time, and we are under no obligation to update such materials.
Information About You and Your Visits to theSites
Linking to the Sites and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part, without our prior written consent.
The Sites may (but we are not obligated to) provide certain social media features that enable you to:
You may use these features solely as they are provided by us. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards (set forth above).
WE MAY DISABLE ALL OR ANY SOCIAL MEDIA FEATURES AND ANY LINKS AT ANY TIME WITHOUT NOTICE IN OUR DISCRETION.
Links from theSites
If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We provide the Sites for use only by persons located in the United States of America and any of its territories and possession. We make no claims that the Sites or any of their contents are accessible or appropriate outside of the United States of America.
Disclaimer of Warranties
We cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES, IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER(S) THAT MAKE(S) THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Compliance with Applicable Laws
You are solely responsible for ensuring compliance with all applicable laws, rules and regulations of your specific jurisdiction.
Governing Law and Jurisdiction
Waiver, Severability, Assignment
Your Comments and Concerns
The Sites are operated by:
Davines North America, Inc.
61 North 11th Street, 2nd Fl, Brooklyn, NY 11249
All notices of copyright infringement claims should be sent to our DMCA agent as set forth above (see Section “Copyright Policy”)
All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: email@example.com
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