Terms & Conditions
Effective August 30, 2019
This Web site, LILY ALDRIDGE PARFUMS, www.LilyAldridgeParfums.com (the “Site”), is provided by Interstellar Brands LLC, a New York limited liability company (“Interstellar”) as the exclusive world-wide licensee of Brown Eyed Girl, Inc. (“Licensor”), Nashville, TN, for fragrances and fragrance related products under the LILY ALDRIDGE trademark. This site is for your personal use and information, but not for commercial purposes, and is subject to these Terms and Conditions and all modifications hereto. In addition, your use of this Site is subject to all applicable laws and any other policies that may be posted from time to time on the Site (as may be amended by Interstellar from time to time and at any time, with all of the foregoing being collectively referred to as the (“Terms and Conditions”). By accessing this Site, you agree to be bound by the Terms and Conditions. The Terms and Conditions may be updated from time to time and at any time. If at any time you do not agree to the Terms and Conditions, then please do not use this Site. Your continued use of this Site constitutes your agreement to these Terms and Conditions.
II. TRADEMARKS AND COPY RIGHTS
As among Interstellar, Licensor and you, except for User Content (as defined below), Licensor is the sole owner of all content on this Site, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on this Site (Licensor Proprietary Material). The compilation (meaning the collection, arrangement and assembly) of all Licensor Proprietary Material on this Site is the exclusive property of Licensor. The contents of this Site are copyrighted under United States copyright laws. Interstellar has the right to use all intellectual property and content on this Site as the result of its license agreement with Licensor.
III. USE OF MATERIALS ON THIS SITE
Except as otherwise provided in these Terms and Conditions, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the Licensor Proprietary Material or any portion thereof, for any purpose. You may, however, (i) print a copy of individual screens appearing as part of this Site solely for your personal, non-commercial use or records, provided that any marks, logos, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens, and (ii) download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included or accessed through this Site and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such materials for any commercial purpose. Modification of the materials appearing on this Site or use of such materials for any other purpose is a violation of Licensor’s copyright and other proprietary rights. Interstellar has the right to use all intellectual property and content on this Site as the result of its license agreement with Licensor
IV. PRODUCT INFORMATION
The products displayed on the Site can be ordered and delivered only within the U.S. All prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Interstellar or Licensor.
All material and information presented by Interstellar is intended to be used for personal, educational or informational purposes only. The statements made about products by Interstellar have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold on this Site are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any products sold by Interstellar it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: this Site is solely an online store for fragrances or fragrance related products. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
Except where prohibited by law, Interstellar may limit the number of products available for purchase.
V. REGISTRATION; USER NAMES AND PASSWORDS
If you become a registered member and create an account on this Site, then you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose and (ii) all activities that occur under such password or account identifiers. You agree to notify Interstellar of: (i) any loss of your password or account identifiers and (ii) any unauthorized use of your password or account identifiers. Interstellar will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms and Conditions.
VI. USER CONTENT
- Interstellar welcomes user comments, information and submissions from registered users of the Site. In addition, you and other users of this Site from time to time may have an opportunity to post certain knowledge, material, or commentary on this Site, including, but not limited to, comments on our products, advertising and other promotional materials or events, as well as other facts, advice, “tips,” and opinions. Except for any personally identifiable information all information and other content that you post on this Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this Site.
- By you posting information, data, text, music, sound, photographs, graphics, video, messages, or other materials on this Site (“User Content”) in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated and you are 18 years old or the age of majority in your jurisdiction. Without limitation of the foregoing, you agree not to use this Site to: (a) upload, post, e-mail, or otherwise transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals); (b) upload, post, e-mail, or otherwise transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (c) harm any person in any way; (d) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party/individual; (d) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of this Site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (f) interfere with or disrupt this Site or servers or networks linked to this Site, or disobey any requirements, procedures, policies, or regulations of networks linked to this Site; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange or the NASDAQ Stock Market, and any rules, regulations, orders, directives and the like having the force of law; (h) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of this Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (i) use this Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; (j) solicit other guests of this Site to become members of any commercial online service or other online or offline group or organization; (k) impersonate others, including, without limitation, an Interstellar employee, host, or representative, or other members or visitors on this Site; or (l) harvest, collect or store information about the users of this Site or the User Content or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk e-mail or communications.
- You acknowledge and agree that User Content you view or post on this Site is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content. You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of Interstellar, and Interstellar does not support or endorse any User Content or any other content or otherwise posted by you or any other user. You acknowledge that Interstellar does not pre-screen, monitor, review or edit the User Content posted by you and other users on this Site. However, Interstellar and its designees have the right (but not the obligation) at their sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in Interstellar’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate, or inaccurate. Any or all postings on or through this Site may be purged periodically in Interstellar’s sole discretion. Interstellar is not responsible for any failure, non-failure, or delay in removing such User Content. In this regard, you acknowledge that you may not rely on any User Content available on this Site, whether created by Interstellar or submitted to Interstellar. User Content includes the opinions, statements and other content of third parties, not Interstellar. Interstellar does not endorse any such opinions, statements or other content posted on or accessible through this Site. Interstellar does not assume any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by Interstellar’s receipt or acceptance of any such materials.
- Any User Content submitted by you to this Site will be deemed non-proprietary and non-confidential and may be used by Interstellar without restriction. You shall be solely responsible for any User Content submitted by you to this Site and the consequences of posting or publishing such Content. In connection with your User Content, you affirm, represent, and warrant that; (i) you own or have the necessary licenses, rights, consents, and permissions to grant Interstellar the rights discussed below; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your User Content to grant Interstellar the rights discussed below. By submitting or sending information, material, or any other communication to Interstellar including User Content, you grant Interstellar the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, post or display such User Content (in whole or in part) and/or to incorporate it in other works in any form, media (including but not limited to this Site), or technology now known or later developed for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. Interstellar and its affiliates may use or otherwise transfer or dispose of any and all User Content without restriction and users of this Site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by Interstellar.
- You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Interstellar assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to this Site.
VII. DMCA NOTICE
If you are a copyright owner or an agent thereof and believe that any User Content or other content on this Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512 (c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
- 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 work claimed to have been infringed, or, if multiple copyrighted 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 or access to which is to be disabled and information reasonably sufficient to permit Interstellar to locate the material;
- Information reasonably sufficient to permit Interstellar to contact you, such as an address, telephone number, and, if available, an e- mail;
- 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 owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The email address for Interstellar’s designated agent to receive notifications of claimed copyright infringement is: LAparfums@interparfumsinc.com. You acknowledge that if you fail to comply with all of the requirements of this Section VII, your DMCA notice may not be valid.
X. LINKS TO OTHER SITES
You may be able to link to third party Web sites (“Linked Sites”) from this Site. Interstellar is not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein. Interstellar cannot ensure that you will be satisfied with any products or services that you purchase from Linked Sites, since such sites are owned and operated by independent third parties. Interstellar does not make any representations or warranties as to the security of any information you might be requested to give to any third party. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, export and other laws related to the use of such Linked Sites and any content contained thereon. In no event shall Interstellar be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. Interstellar reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from this Site and/or introduce different features or links to different users.
Other sites may link to this Site only through a plain-text link subject to the prior written approval of a duly authorized employee of Interstellar. To seek our permission, please contact us through one of the methods described on our Contact Us page. Interstellar reserves the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to this Site, at our discretion, with or without cause, at any time.
VISITORS TO THIS SITE AGREE THAT THEIR USE OF THIS SITE IS AT THEIR OWN SOLE RISK. THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANYKIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, INTERSTELLAR (INCLUDING ITS THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENCEES, LICENESORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULLNESS OF THE CONTENT OF THIS SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICLULAR PURPOSE.
INTERSTELLAR ALSO MAKES NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND INTERSTELLAR HAS NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THIS SITE MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. INTERSTELLAR DOES NOT ENDORSE NOR SHALL THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THIS SITE BY ANYONE OTHER THAN AUTHORIZED INTERSTELLAR EMPLOYEES ACTING IN SUCH CAPACITY.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THIS SITE, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF:
- ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THIS SITE, OR (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. INTERSTELLAR DOES NOT WARRANT OR GUARANTEE: (I) THAT ANY PORTION OF THIS SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (II) THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
INTERSTELLAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THIS SITE. YOU (AND NOT INTERSTELLAR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
XII. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THIS SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND THAT THIS SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL EITHER LICENSOR OR INTERSTELLAR OR THEIR SEVERAL AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THIS SITE, EVEN IF INTERSTELLAR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THIS SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, INTERSTELLAR’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING INTERSTELLAR’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
PLEASE NOTE THAT INTERSTELLAR MAY CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME TO AND AT ANY TIME CONFORM TO CHANGES IN THE LAW OR FOR OTHER REASONS, WHICH WE RESERVE THE RIGHT TO DO WITHOUT YOUR CONSENT AND SUCH REVISED TERMS AND CONDITIONS WILL BE APPLICABLE AT THE TIME OF POSTING ON THIS SITE. CONTINUED USE OF THIS SITE BY YOU FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS MEANS YOU ACCEPT THE CHANGES.
XIV. ADVERTISING CLAIMS
This Site is intended and directed to residents of the United States only and all advertising and claims contained in this Site are valid only in the United States.
XV. JURISDICTIONAL ISSUES/CHOICE OF LAW
XVI. HOW TO CONTACT US
Please feel free to contact us via one of the methods described under Contact Us. You agree that Interstellar may send notices to you regarding your use of this Site by means of e-mail, a general notice posted on this Site or by written communication delivered either by overnight courier or US mail to your e-mail or mailing address as appearing in Interstellar’s records from time to time.