TERMS
of
USE

The EauSoLoves.com website is owned and managed by Dana Beauty.

The following terms and conditions (the “Terms of Use”) govern your use of the Site and our fragrance customization services accessible via our Site. Please read these Terms of Use carefully. By using our Services (defined below), you agree to these Terms of Use as well as any other terms, guidelines or rules that apply to any portion of this Site or our Services, without limitation or qualification. If you do not agree to these Terms of Use, do not use the Services. To make these Terms of Use easier to read, the Site and our services are collectively called the “Services.”

Eligibility and Use
This Site is designed for and intended for use by adults who are 18 years or older and capable of forming a binding contract with us and are not barred from using the Services under applicable law. If you are under 18 years old, you may use this Site and/or Services only with the involvement of a parent or guardian. Such parent or guardian must provide his/her information on your behalf, and must monitor and supervise the use of this Site by you. If you are under 18 years old, your parent or guardian agrees to be fully responsible for your use of this Site.

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. If you do not wish to receive such communications from us, you can choose to “unsubscribe” through the hyperlink shown in our e-mail communications.

Content and Content Rights
For purposes of these Terms of Use: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content a user provides to be made available through the Services. For example, “User Content” may include, but is not limited to comments made to bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. Content includes without limitation User Content.

EauSoLoves.com does not claim any ownership rights in any User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, EauSoLoves.com and certain third-party content providers exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Any trademarks or logos used on the Site or Services belong to the owner of the trademark or logo in question and EauSoLoves.com claims no rights therein.

EauSoLoves.com expects all users to respect the intellectual property rights of others. EauSoLoves.com may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer.

Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to EauSoLoves.com a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, disclose, transmit, publish, broadcast, post, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by EauSoLoves.com on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by EauSoLoves.com
Subject to your compliance with these Terms, EauSoLoves.com grants you a limited, non-exclusive, non-transferable, non sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

User Content Dissemination
You acknowledge that any User Content you provide may be read by others without your knowledge. EauSoLoves.com does not control or endorse any User Content and specifically disclaims any liability with regard to same and any actions in connection with any User Content you may post. To the extent we have moderators, forum managers or hosts in connection with your User Content, none are authorized Company spokespersons, and their views do not necessarily reflect those of EauSoLoves.com or its affiliates. Any User Content will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy.

Feedback, Contributions, and Ideas
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at marketing@danaclassics.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. Furthermore, you agree that EauSoLoves.com and its affiliates are free to use and consequently you grant EauSoLoves.com similar permissions to use, copy, modify, create derivative works based upon and otherwise exploit any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose.

General Prohibitions
You agree not to do any of the following:
• Resell or make any commercial use of our Services or Content;
• Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services or Content;
• Use, display, mirror or frame the Services or any individual element within the Services, our name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
• Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
• Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Use any meta tags or other hidden text or metadata utilizing our trademarks, logos URL or product name without our express written consent;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
• Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation

Notwithstanding the Terms of Use, we reserve the right, without notice or liability to you, and in our sole discretion, to terminate your permission to use this Site and our Services, and to block or prevent future access to and use of this Site and our Services for any reason or no reason. Upon termination, all provisions which by their nature should survive will survive, including, without limitations, ownership provisions warranty disclaimers, limitations of liability and dispute resolution provisions.

Disclaimer
All content contained on this site is provided on an “as is” basis with no warranty. To the maximum extent permitted by law, eausoloves.com disclaims all representations and warranties, express or implied, with respect to such content, products and services, whether provided or owned by eausoloves.com or by any third party, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, eausoloves.com does not represent or warrant that the services and content is accurate, complete, or current. Eausoloves.com makes no warranty that the services or products will meet your requirements or that the services will be available on an uninterrupted, secure or error-free basis.

Limitation of liability
To the fullest extent permitted by applicable law, in no event shall eausoloves.com or its affiliates, its officers, directors, employees, or agents be liable to you for any indirect, incidental, special, punitive, or consequential damages, including but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure, whatsoever arising out of or in connection with terms of use or from the use of or inability to use the services or content or your use of products purchased via the services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not eausoloves.com has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed in its essential purpose. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
The exclusions and limitations of damages set forth are fundamental elements of the basis of the bargain between us and you.

Indemnification
You agree to indemnify, defend, and hold harmless eausoloves.com its affiliates, its officers, directors, employees, agents, suppliers and third party partners from and against all claims, disputes, demands, liabilities, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising out of: (1) your use or access to the services or content; (2) your use of any products you purchase via the services; (3) your user content; (4) any use of any password chosen by or issued to you; or (5) any violation by you of: (a) these terms of use; (b) any other terms, guidelines or rules applicable to the services; (c) any rights of any other person or entity; or (d) any applicable laws, rules, or regulations.

Governing Law
These Terms of Use and any action related thereto shall be governed by the laws of the State of New Jersey. The provisions of these Terms of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent.

Software
To the extent applicable, software provided in connection with our Services is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list. We Reserve the Right to Update and Revise these Terms of Use at Any Time
We reserve the right to update and revise these Terms of Use at any time, in our sole discretion. Your use of our Site and Services constitutes your acceptance of the Terms of Use, as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms. If you don’t agree to be bound by the modified Terms of Use, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Assignment
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null. We may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Severability and Non-Waiver for Failure to Enforce
If any of the provisions in the Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.

Privacy
We have adopted a Privacy Policy that you should refer to in order to fully understand what information we collect, use and disclose information from our users.