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Unnamedperfume.com – Website Terms of Use

Date of Last Update: 30 August 2016

Terms of Website Use

www.unnamedperfume.com ("this Site") is a website operated in the United Kingdom by Byredo UK Limited, a company incorporated in England and Wales with company registration number 08144057, VAT number 170534719 and whose registered office is located at 2nd Floor, 21/22 Great Castle Street, London, W1G 0HZ ("Byredo", "we", "us" or "our").

These Terms of Use (together with the documents referred to herein) tell you the terms of use on which you may make use of this Site, whether as a guest or as a registered user. Use of this Site includes accessing, browsing, or registering to use this Site, and participating in any interactive activity or service made available to you on this Site.

By using this Site, you confirm that you accept these Website Terms of Use and that you agree to comply with them. You also confirm that you accept our Privacy Policy and Cookie Policy, which form part of these Terms of Use. If you do not agree to these Terms of Use and policies, you must not use this Site. We recommend that you print a copy of these Terms of Use for future reference.

You have chosen to visit this Site in the United Kingdom. As a consequence, irrespective of your place of residence, your use of this Site is deemed to occur in the United Kingdom and will be governed by these Terms of Use and the laws of England and Wales. 

We amend these Terms of Use from time to time; please look at the top of this page to see when they were last updated.

We like to interact with you on third party sites where we post content or invite your feedback, such as Facebook, Twitter, Instagram and YouTube ("Third Party Sites"). We do not control these Third Party Sites and these Terms of Use do not apply to companies that Byredo does not own or control, or to the actions of people that Byredo does not employ or manage. You should always check the terms of use posted on Third Party Sites.

We also like to interact with you on websites operated by other members or brands within our group ("Associated Sites"), where we post content or invite your feedback and interaction, for example www.Byredo.co.uk, www.Byredo.com, www.Byredo.eu, and www.Byredo.se (the "Byredo Websites"), and links to such Associated Sites may be displayed on this Site. These Terms of Use do not apply to any such Associated Sites. You should always check the terms of use posted on Associated Sites.



Non-Availability Of Featured Products For Sale

No products are sold on this Site. To acquire the Unnamed Perfume, please visit www.Byredo.co.uk where it will be available to purchase, subject to availability. Validly stated prices on this Site remain in effect for so long as the merchandise is available for purchase on the Byredo Websites.



Eligibility

In order to participate in the unnamed perfume digital campaign, or to use any of the services or features made available to you on this Site, you will be required to register. When you register, you will be required to provide information about yourself including, but not limited to, your name, telephone number and email address, which is true, accurate, current and complete in all respects. Should any of your registration information change in future you are required to amend your personal online account immediately. We may change registration requirements from time to time.



Accuracy Of Content

The packaging of products purchased from the Byredo Websites may vary from that shown on this Site. The visualisations of the packaging and the dimensions are approximate only. We have made every effort to display as accurately as possible the colour of the products that appear on this Site. However, as the actual colours you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, Byredo disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Site.

We are not responsible for the content of any off-website pages or any other websites linked to or from this Site. Links appearing on this Site are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Site, in any off-website or in any linked websites.



Customization Conditions

As part of the Unnamed Perfume experience, you are provided the opportunity to create your own campaign visual for the Unnamed Perfume through the digital animation tool. You can submit a combination of letters, spaces, numbers, symbols, and images to create a unique perfume name.

Any campaign visual created by you through this Site will not be available for application to any product available for purchase on any of the Byredo Websites or in store. All orders for the Unnamed Perfume will be delivered with a blank label and will not be customized.



User Generated Material

By submitting ideas, designs, customizations, creative concepts, or any other information ("User Generated Material") to this Site, you accept and agree that you assign all ownership of any intellectual property rights and other rights in the User Generated Material to Byredo. To the extent such transfer is not valid, you grant Byredo, by submitting the User Generated Material to this Site, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), the User Generated Material for any purposes as it deems fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving this Site or other products or services both online and offline.

All User Generated Material shall be deemed to be non-confidential. Byredo shall be entitled to use or disclose the User Generated Material in any manner whatsoever, without liability or notice to you. You acknowledge and agree that you shall have no claim against Byredo or any other party should any User Generated Material created, posted or sent by you be used in the above sense by Byredo or any part of its group.

You warrant that:

you own or are otherwise entitled to any and all rights in any User Generated Material;

any User Generated Material is not, and does not contain, material which is offensive, abusive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law including, in particular, any intellectual property rights;

any User Generated Material is original and is not copied in whole or in part from any third party;

any User Generated Material does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form; and

you will not impersonate any person or entity or use any false email address or otherwise mislead us as to the origin of any User Generated Material submitted, and you agree to indemnify us and hold us harmless from and against any claims arising from your claims and/or any third party claims to any rights in any User Generated Material.



You agree that Byredo:


does not, and has no obligation to, review the User Generated Material;

is not in any manner responsible for User Generated Material;

does not guarantee the accuracy, integrity or quality of User Generated Material; and

cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Material will not appear on this Site.



Notwithstanding the foregoing, Byredo reserves the right to moderate all User Generated Material, and to decline the submission of, edit the content of, or remove from this Site, any User Generated Material in its absolute discretion, for example because it infringes the intellectual property rights of a third party, because the content is inappropriate, obscene, or abusive, or for any other reason. Byredo is under no obligation to inform you of the reasons for such intervention.



Intellectual Property

The trade marks, logos and service marks ("Intellectual Property") displayed on this Site are the registered and unregistered marks or designs of Byredo, our affiliates, our licensors and/or our suppliers and are protected by UK and international trade mark laws. Except as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our Intellectual Property or that of our suppliers without our or their prior written consent.



Ownership Of Rights

All rights, including copyright, in this Site are owned by or licensed to Byredo UK Limited. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission.

Damage To Your Computer

We make every effort to ensure that this Site is free from viruses or defects. However, we cannot guarantee that your use of this Site or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use this Site and screen out anything that may damage it. We will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Site.



Limitation Of Liability

The provisions of this clause relate to the use of this Site only.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this Site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, this Site; or

use of or reliance on any content displayed on this Site.





If you are a business user, please note that in particular, we will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.



If you are a consumer user, please note that we only provide this Site for domestic and private use. You agree not to use this Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.



Prohibited uses

You may use this Site only for lawful purposes. You may not use this Site:

in any way that breaches any applicable local, national or international law or regulation;

in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;

to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.



You also agree:


not to reproduce, duplicate, copy or re-sell any part of this Site in contravention of the provisions of these Terms of Use;

not to access without authority, interfere with, damage or disrupt:

any part of this Site;

any equipment or network on which this Site is stored;

any software used in the provision of this Site; or

any equipment or network or software owned or used by any third party.





You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable solicitors' fees, resulting from any third party claim, action, or demand resulting from your unlawful use of this Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.



Mobile Services

If you access this Site via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.



Non-Waiver

No failure to exercise and no delay on the part of Byredo in exercising any right, remedy, power or privilege of Byredo under these Terms of Use and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of Byredo.



Availability Of This Site

Byredo does not guarantee that this Site or any of its content will be available or uninterrupted, and reserves its right to suspend, change, or disable this Site or any part of it without notice to you. Byredo shall not be liable to any user of this Site in such circumstances.



Linked Websites

This Site may provide links to external websites. Byredo does not accept liability for the content of any such Third Party Website.



Transfer Of Rights

We may transfer our rights and obligations under these Terms of Use to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or your obligations under these Terms of Use. You may only transfer your rights or your obligations under these Terms of Use to another person if we agree in writing.



Other Legal Notices

There may be legal notices on other areas of this Site which relate to your use of this Site, all of which will, together with these Terms of Use, govern your use of this Site.



Changes To Legal Notices

We reserve the right to change these Terms of Use from time to time and we encourage you to review them as often as possible. Any changes are effective immediately upon posting to this Site.



Questions

If you have any questions regarding these Terms of Use please contact us by email at EUCUSTOMERCARE@BYREDO.COM or write to us at:

BYREDO
5 Avenue de l'Opéra
75001 Paris
France



Law, Jurisdiction And Language

This Site, and any content contained herein, is governed by English law and all users of this Site agree to submit to the laws of England and Wales and the exclusive jurisdiction of the courts of England and Wales.