Terms of use

1. Ownership and Operation
2. Agreement to Be Bound; Termination
3. User Accounts
4. Continuing Agreement
5. Ownership and Use of the Service and PDC Proprietary Material
6. Privacy
7. User Code of Conduct
8. User Content
9. Sweepstakes
10. Geographic Scope of Site
11. Links to Other Sites
12. Contents of This Service – Disclaimer
13. Operation of This Service – Disclaimer
14. Limitation of Liability
15. Indemnification
16. Copyright Agent
17. Applicable Law; Jurisdiction
18. Severability
19. No Waiver
20. No Legal Effect
21. Contact Us

1. Ownership and Operation

This Web site, pdcbeauty.com and all its subdomains as well as mobile applications, social media platforms, and all other Web sites owned, operated or maintained directly or indirectly by Parfums de Coeur, Ltd. and its affiliated companies (“PDC” or “we” or “us”) (collectively the “PDC Sites”) and the related services and applications (collectively, the “Service”) is provided for your information, personal entertainment and non-commercial enjoyment, subject to these Terms of Use and all modifications hereto, in addition to all applicable laws and any other policies that may be posted from time to time on the PDC Sites applicable to your use of the Service (as amended by PDC from time to time, the foregoing being collectively referred to as the “Terms of Use”).

2. Agreement to Be Bound; Termination

Your access to and use of this Service constitutes your agreement with PDC to be bound by, and to act in accordance with, these Terms of Use. You may terminate the Terms of Use at any time by discontinuing your use of the Service, and providing PDC with a notice of termination. PDC may suspend, discontinue or terminate your access, close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind.

In the event of any termination, whether by you or us, Sections 1, 2, 8, 13 – 18, of these Terms of Use will continue in full force and effect, including our right to use User Content as detailed in Section 8. You agree that PDC shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to this Service.

3. User Accounts

From time to time, you may be able to register an account on the Service (an “Account”). If you register an Account you:

• must be over 16 years of age;
• must not allow any third party to access the Service using the email address or username you provided during the registration process (“Log-in ID”) and password;
• are prohibited from using anyone else’s Log-in ID and password to access the Service;
• are responsible for any use of the Service by any third party who accesses the Service using your Log-in ID and/or password;
• will notify PDC immediately if you suspect any unauthorized use of the Service or of your Log-in ID and/or password; and
• are responsible for ensuring that any information that you provide to PDC as part of the account registration process is accurate and is kept up to date at all times, and you will notify PDC immediately of any changes to this information.

4. Continuing Agreement

We may modify the Terms of Use from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and we will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Use on a regular basis as revised versions will be binding on you. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, “Applicable Laws”), you understand and agree that your continued access to or use of the Service after any posted modification to the Terms of Use indicates your acceptance of the modifications.

5. Ownership and Use of the Service and PDC Proprietary Material

As between PDC and you, except for User Content (as defined below), PDC is the sole owner of all content on the Service, 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 the Service (“PDC Proprietary Material”). The contents of the Service are copyrighted under United States copyright laws.

Except as otherwise provided in these Terms of Use, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the PDC Proprietary Material or any portion thereof, for any purpose. You may download, print and store selected portions of the PDC Proprietary Material, provided you (1) only use these copies for your own personal, non-commercial use, (2) do not copy or post PDC Proprietary Material on any network computer or broadcast the content in any media, and (3) do not modify or alter the PDC Proprietary Material in any way, or delete or change any copyright or trademark notice. You may not use such materials for any commercial purpose. Modification of the materials appearing on the Service or use of such materials for any other purpose is a violation of PDC’s copyright and other proprietary rights. PDC may in its sole discretion suspend, discontinue or terminate this license at any time for any reason.

In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Service or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by PDC in its sole discretion.

6. Privacy

For information on how PDC uses and protects the personal information you may provide on this Service, please read the PDC Privacy Policy. The Privacy Policy is incorporated into these Terms of Use and explains PDC’s privacy practices. By using the Service, you agree to the terms of the Privacy Policy.

7. User Code of Conduct

In using or accessing this Service, you agree, without limitation:

• not to use this Service in breach of these Terms of Use;
• not to use this Service for commercial purposes;
• not to “spam” others or “phish” for others’ personal information;
• not to disrupt or interfere with the security of, or otherwise abuse, this Service, or any part this Service;
• not to upload, post or otherwise transmit through or on this Service any viruses or other harmful, disruptive or destructive files;
• not to use, frame or utilize framing techniques to enclose any part of this Service without PDC’s express prior written consent;
• not to use meta tags or any other “hidden text” utilizing any PDC Proprietary Material without PDC’s express prior written consent;
• not to “deeplink” to this Service without PDC’s express prior written consent;
• not to collect or store personal data about others;
• not to attempt to obtain unauthorized access to this Service or portions of this Service that are restricted from general access;
• not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, violates any third party proprietary rights, or is in violation of any law or regulation;
• not to post any copyrighted, trademarked, or other proprietary material unless you own the copyright, trademark, right of publicity and/or other applicable proprietary rights, or you have all necessary rights to do so and to grant the Licensed Parties (as defined below) the rights set forth in these Terms of Use; and
• not to use this Service in breach of any Third Party Site’s (as defined below) terms and conditions.

You agree to immediately notify PDC if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use, including any unauthorized access to your Account. If you so notify PDC, or we otherwise suspect such activity, you agree to cooperate with PDC in any investigation and to use any prevention measures we prescribe.

8. User Content

Certain portions of the Service may permit you to submit, post, transmit or upload content created by you (“User Content”), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blog, social networks, entries for Sweepstakes (defined below), discussion forums, and communications with other Service users.

In connection with User Content, you agree that you will not submit User Content that:

• includes material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein;
• includes any material that by itself, or by its use as permitted in these Terms of Use, infringes upon, misappropriates or violates the rights of any person or entity or any Applicable Laws;
• are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
• contains advertisements or solicitations of any funds, goods or services;
• is a communication by a user impersonating another user;
• contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or
• could be considered bulk unsolicited communications.

By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Content to PDC through this Service, whether solicited or unsolicited, you agree that you are granting PDC, any third-party service providers who provide the Service, and retail partners (collectively, the “Licensed Parties”) a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate, make copies thereof and retain such, and otherwise exploit (collectively, “Use”) such User Content for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated.

No credit, approval or compensation is due to you for any such Use of User Content you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Content), in connection with broadcast, print, online or any other Use of your User Content. All User Content become the unrestricted licensed property of the Licensed Parties.

You represent and warrant that neither the User Content, nor the Use of the User Content as permitted in these Terms of Use, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Content. All User Content must comply with the User Code of Conduct set forth above.

Although the Licensed Parties are under no obligation to review or monitor User Content, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Content, in whole or in part, for any reason or for no reason. PDC also reserve the right to terminate your Account if you violate any of these Terms of Use or our policies, as determined in our sole discretion. You agree that PDC does not have any obligation to use or respond to any User Content. The Licensed Parties have no control over whether such User Content are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Content.

If you are aware of any User Content on this Service which violates these Terms of Use, please contact us by visiting our Contact Us page, or by writing to us at PDC BRANDS, 750 E. Main Street, Stamford, CT 06902, Attn: PDC Customer Service. Please provide as much detail as possible, including a copy of the underlying material, the location where PDC may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal; PDC will only remove User Content if PDC believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled “Copyright Agent.” In no event does PDC assume any liability for failing to either monitor or remove specific User Content.

PDC will fully cooperate with any law enforcement authorities or court order requesting or directing PDC to disclose the identity of anyone posting User Content that violate these Terms of Use or any law or regulation. PDC may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of PDC, its customers or the public.

9. Sweepstakes

From time to time you may be able to participate in activities through the Service sponsored by PDC (“Sponsor”) such as contests, sweepstakes and other promotions (“Sweepstakes”). Any Sweepstakes accessible on this Service are governed by these Terms of Use and Sweepstake-specific rules and/or terms and conditions. By entering a Sweepstakes available on this Service, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms of Use, the rules and/or terms and conditions for the Sweepstakes will govern for that program, but only to the extent of the conflict. Any Sweepstakes made available or advertised on third party sites accessible from this Service (such as those of social media partners like Facebook, Instagram, and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this Service, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.

By participating in Sweepstakes accessible on this Service, entrants agree to allow Sponsor to repurpose their User Content on all Sponsor’s social media platforms, including the PDC Sites, and advertising. Subject to applicable law, by entering Sweepstakes, each entrant affirmatively and irrevocably agrees, consents to, and grants Sponsor the right to use their User Content, including, their name, usernames, image, likeness, voice, city, state, country, and/or other biographical material for any and all purposes including, but not limited to, advertising, promotional, marketing, and/or publicity purposes in connection with the Sweepstakes, in all forms of media now and hereafter known, worldwide in perpetuity, without any obligation or further consideration.

10. Geographic Scope of Site

PDC controls and operates this Service from within the United States of America. Unless otherwise specified on or by this Service, this Service is intended to promote only those PDC products that are sold by PDC in the United States and its territories and possessions, and PDC makes no representation that materials in this Service or the products described thereby are appropriate or available for use in other locations. All visitors to this Service are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Service.

11. Links to Other Sites

For your convenience and enjoyment, this Service may provide links to other third party web sites that are not operated by PDC (“Third Party Site(s)”). PDC has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. PDC may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by PDC to, or an endorsement by PDC of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. PDC is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.

If you determine to share any information about any PDC products through a social network platform, including through links provided by PDC through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform.

12. CONTENTS OF THIS SERVICE – DISCLAIMER

THE MATERIALS IN THIS SERVICE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SERVICE ARE PROVIDED “AS IS” AND “AS-AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PDC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PDC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. PDC UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THIS SERVICE, YOU WILL BE EXPOSED TO USER CONTENT POSTED AND/OR SUBMITTED BY USERS. PDC IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER CONTENT, AND PDC DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER CONTENT. IN ADDITION, PDC CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER CONTENT WILL NOT APPEAR ON THIS SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER CONTENT ON THIS SERVICE, PDC IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER CONTENT OR ACTIVITIES OF USERS ON THIS SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER CONTENT ARE NOT NECESSARILY THOSE OF PDC OR ITS AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS.

13. OPERATION OF THIS SERVICE – DISCLAIMER

PDC ENDEAVORS TO MAINTAIN THIS SERVICE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THIS SERVICE, PDC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PDC MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS SERVICE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT PDC) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SERVICE.

14. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PDC, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “PDC PARTIES”) BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THIS SERVICE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE. THE PDC PARTIES SHALL NOT BE LIABLE EVEN IF PDC OR A PDC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.

Applicable Laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the PDC Parties’ total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Service.

15. Indemnification

You hereby agree to defend, indemnify and hold the PDC Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney’s fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of your use of this Service, your User Content, your breach or alleged breach of these Terms of Use, including any of your warranties, representations or agreements hereunder, your violation of Applicable Laws, or your violation of any rights of another person or entity.

16. Copyright Agent

PDC maintains a policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Service infringe your copyright, you may request removal of those materials from the Service by contacting PDC’s copyright agent with the following Notice, which shall include each of the following:

• Description of the copyrighted work that you believe to be infringed.

• Identification of the material on the site that you claim is infringing, with its URL or any other pertinent details that will allow us to locate the material.

• Your name, address, telephone number email address.

• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

• A statement by you declaring under penalty of perjury that the information that you have provided in your Notice is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Matthew C. Wagner
PDC Brands, Office of the General Counsel
750 E. Main Street
Stamford, CT 06902
Phone: 203-655-8807
e-mail: mwagner@pdcbeauty.com

We suggest that you consult your legal advisor before filing a notice with our copyright agent.

We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Service or making submissions.

17. Applicable Law; Jurisdiction

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws in effect in the State of Connecticut, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the Connecticut state or federal courts, as applicable, located in Fairfield County, and PDC and you hereby accept and submit to the personal jurisdiction of these Connecticut courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. PDC and you also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

18. Severability

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

19. No Waiver

No failure on the part of PDC to enforce any part of these Terms of Use shall constitute a waiver of any of PDC’s rights under these Terms of Use whether for past or future actions on the part of any person.

20. No Legal Effect

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

21. Contact Us

We value the connection we have with our users and we welcome your feedback, questions, comments and concerns regarding the Terms of Use and all other policies in effect on the PDC Sites. You can contact us at through our Contact Us page or by sending correspondence to: