La Perla Beauty
ATTN: DMCA Copyright Agent
Please note that this procedure is exclusively for notifying La Perla Beauty and its subsidiaries that your copyrighted material has been infringed.
1.4. Links to and from other websites
1.4.1. You may link to our home page provided that you do so in a fair and legal way and not in a way that may damage or takes advantage of our reputation or that suggests any form of association, approval or endorsement on our part.
1.4.2. You may not frame our website nor may you create a link to any part of our website other than the home page unless we give you written permission (which we may withdraw at any time).
1.6.1. La Perla Beauty will endeavor to protect your information using reasonable security measures through its third-party website hosting and operations providers. While the security measures are expected to reasonably protect your information and your use of the Website and/or Services, La Perla Beauty and its third-party website operations and hosting providers does not warrant that your data will be completely secure. There are risks inherent in placing information on and accessing information from the Internet if you have any concerns regarding the security of your information or the use of the Internet to access your information through the Services or you should consider not creating a La Perla Beauty account.
a. Site Security: Violating the security of the Website is prohibited and may result in criminal or civil liability. La Perla Beauty may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.
b. Third-Party Links: The Website may contain links or references to other independent third-party websites (the “Linked Sites”). The Linked Sites are provided solely as a convenience to you and an information resource. The Linked Sites are not hosted by or on La Perla Beauty’s servers or under La Perla Beauty’s control, maintained by La Perla Beauty or affiliated with any services provided by La Perla Beauty. La Perla Beauty is not responsible for the content, security, availability, accuracy or practices of the Linked Sites and expressly disclaims any responsibility for malware, worms, time bombs, bots, or any other harmful or deleterious programs or materials in said links or Linked Sites. You assume all risk and responsibility You or an agent, servant, employee or End User clicks on a link on the Website and You, on Your and their behalf, irrevocably waive any claim against La Perla Beauty for use of the Linked Sites.
1.7.1. You agree to indemnify, defend and hold harmless La Perla Beauty and its directors, officers, employees, agents, successors and permitted assigns, from and against any and all Claims and Proceedings directly or indirectly arising from, connected with or relating to: (a) your use of our Services; or (b) any negligence, misconduct, or breach of this Agreement by you; (c) the actions of any person gaining access to the Services or System under a user ID or other unique identifier assigned to You assigned to you; (d) Your negligence or willful misconduct. In this Agreement, “Claims” means third party claims, counterclaims, complaints, demands, causes of action, liabilities, obligations, damages, legal fees, costs, expenses, and disbursements, including without limitation reasonable attorneys’ fees and court costs, of any nature or kind, whatsoever and howsoever arising, whether known or unknown, whether in law or in equity or pursuant to contract, tort, extra-contractual or statute, and whether in any court of law or equity or before any arbitrator or other body, board or tribunal; and “Proceedings” means third party actions, suits, proceedings, and hearings of any nature and kind in any court of law or equity or before any arbitrator or other body, board or tribunal.
1.8. DISCLAIMERS; NO WARRANTIES
1.8.1. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES YOU ASSUME ALL RISKS AND RESPONSIBILITIES ASSOCIATED WITH THE SELECTION AND USE OF THE CONTENT AS AN AID IN ACHIEVING YOUR PERSONAL GOALS AND OBJECTIVES, AND FOR THE INSTALLATION OF, USE OF AND RESULTS OBTAINED FROM THE SERVICES OR CONTENT. LA PERLA BEAUTY MAKES NO WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR FREE FROM INTERRUPTION OR FAILURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LA PERLA BEAUTY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SERVICES AND THE ACCOMPANYING WRITTEN MATERIALS.
a. YOU AGREE THAT LA PERLA BEAUTY TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN THE INFORMATION, DEFECTS IN COMMUNICATION LINES, DEFECTS OR DEFICIENCIES IN INTERNET ACCESS OR BY YOUR INTERNET SERVICE PROVIDER ("ISP"), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE SERVICES.
b. Unauthorized Access; Lost or Corrupt Data
LA PERLA BEAUTY IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR DATA, FACILITIES, OR EQUIPMENT BY INDIVIDUALS OR ENTITIES USING THE SERVICES OR SYSTEM OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT, CORRUPTION, LOSS OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH THE SERVICES OR SYSTEM, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL OUTPUT. YOU HEREBY WAIVE ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF THIRD-PARTY SOFTWARE.
c. Carrier Lines
YOU ACKNOWLEDGE THAT ACCESS TO THE SYSTEM WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATIONS LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, "CARRIER LINES") OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, AND INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND OUR CONTROL. WE ASSUME NO LIABILITY FOR OR RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT YOUR RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.
1.9. Limitation of Liability
1.9.1. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, SERVICES AND THE INFORMATION CONTAINED THEREIN. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LA PERLA BEAUTY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, DAMAGE TO EQUIPMENT, HARDWARE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, BREACH OF CONTRACT OR ANY OTHER THEORY, UNLESS THE INABILITY TO USE THE WEBSITE OR CONTENT RESULTS FROM THE INTENTIONAL CONDUCT OR GROSS NEGLIGENCE OF LA PERLA BEAUTY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LA PERLA BEAUTY MAKES NO WARRANTY OR REPRESENTATION THAT THE INFORMATION OR FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS. FURTHERMORE, LA PERLA BEAUTY DOES NOT WARRANT THAT ALL ERRORS, DEFECTS OR INEFFICIENCIES WILL BE CORRECTED, NOR DOES LA PERLA BEAUTY ASSUME ANY LIABILITY FOR FAILURE TO PROVIDE SUPPORT SERVICES AND TO CORRECT ANY SUCH ERROR, DEFECT OR INEFFICIENCY. YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES SHALL LA PERLA BEAUTY BE LIABLE FOR ANY INDIRECT, SPECIAL, ACCESSORY, EXEMPLARY OR PUNITIVE DAMAGES SUFFERED BY YOU, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH YOU, OR ANY OTHER THIRD PARTY INCLUDING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF. IF ANY PART OF THIS LIMITAITON OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LA PERLA BEAUTY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUDRED DOLLARS ($100) USD.
2.1. Other Important Terms
2.1.1. We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
2.1.2. Severability and Complete Understanding.
If any provision of this Agreement is found to be contrary to law or otherwise invalid or unenforceable by a court of competent jurisdiction, then such provision shall be limited to the minimum extent necessary to effect the order of the court and construed in a way to most closely reflect the intentions of the parties. All other provisions shall remain in full force and effect. La Perla Beauty’s failure to insist on or enforce strict performance of this Agreement shall not constitute a waiver of any provision or any right, nor shall any course of conduct between La Perla Beauty and you or any other party be deemed to modify any provision of this Agreement. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding to the parties and supersedes and cancels all previous written, oral, or other agreements, communications, and understandings relating to the subject matter of this Agreement. Both parties further agree that any waivers and modifications must be in writing and signed by both parties
The parties agree to submit any unresolved disputes between them to arbitration administered by the American Arbitration Association (“AAA”) and governed by the AAA Commercial Rules then in effect, except that either party may (a) seek injunctive relief for infringement of intellectual property rights or a violation of data privacy rights in court; (b) seek a determination in court as to whether a claim is arbitrable (the arbitrator may not rule on his or her own jurisdiction); (c) La Perla Beauty may bring a claim in court for unpaid fees and other amounts that are owed to La Perla Beauty pursuant to this pursuant to this Agreement. For all arbitrated matters one arbitrator shall be selected pursuant to AAA Commercial Rules and the arbitration will be held in New York, N.Y unless the parties mutually agree to another venue before appointment of the arbitrator. YOU AND LA PERLA BEAUTY EXPRESSLY WAIVE YOUR RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING ARISING UNDER OR RELATED TO THIS AGREEMENT IN THE EVENT A COURT DETERMINES THAT A CLAIM BROUGHT PURSUANT TO THIS AGREEMENT IS NOT SUBJECT TO ARBITRATION.
2.1.4 Governing Law. These terms are governed by laws of the State of New York notwithstanding principles of conflicts of laws. It is only in the state or federal courts located in the State of New York in New York County that and you can bring legal proceedings in respect of the products in these court If such proceedings are permissible pursuant to Section 2.1.2 of this Agreement.