Welcome to the SeekAdventure.com website owned and operated by GEMINI COSMETICS, Inc dba IZOD Fragrance ("IZOD Fragrance") ("Site"). Please review the following terms that govern your use of the website. Please note that your access to and use of this website constitutes your agreement to be bound by the terms of this Agreement (the "Agreement").
Acceptance
IZOD Fragrance uses personal information you provide to us to communicate with you, to deliver products and services that you ordered, to fulfill your requests and respond to your inquiries, to provide information about our products, services and Site and for verification purposes. IZOD Fragrance also adds you to IZOD Fragrance's mailing list to receive e-mail communications and printed catalogues when you create a personal account or make a purchase.
Eligibility
Use of, membership and participation in the Site is open to any legal resident of the United States or the District of Columbia, 18 years of age or older, unless otherwise void where prohibited. Please see the Rules for additional eligibility requirements for participation in the Contest and Sweepstakes. By using the Site and/or participating in the Contest and Sweepstakes, you represent and warrant that: 1) you are 18 years of age or older; 2) all membership and/or registration information you provide is truthful, accurate and current, and that you will maintain the accuracy of such information; and 3) your use of the Site and/or participation in the Contest and Sweepstakes does not violate any applicable law or regulation or these Terms of Use.
Application
These Terms of Use apply to all "visitors, members, users, participants and/or content contributors" of the Site or services. Content contributors include those who provide video content, comments, information, and any and all other materials for posting or distributing on the Site.
Your Right to Access and to Use the Site
Gemini Cosmetics hereby grants you a limited license to access and use the Site according to these Terms of Use, provided that: (i) your use of the Site is limited to personal use; (ii) you do not use the Site for any commercial purpose; (iii) you do not copy or distribute any part of the Site in any media now known or hereafter discovered; (iv) you do not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (v) you otherwise comply with these Terms of Use. Gemini Cosmetics reserves all other rights not expressly granted in and to the access and use of the Site.
Registration and User Account
You must register and set up a user account on the Site, if you want to participate in the Contest and Sweepstakes, vote, comment on videos, or otherwise upload a video for general posting. One user account per person. You must provide a valid e-mail address, which will be used as a unique identifier for your account, and your first and last name, zip code, and a password. Please see the Rules for additional registration requirements for Contest and Sweepstakes eligibility.
You must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your password and account and for the activity that occurs on your account. You agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Site or your account to any third party. You must immediately notify Gemini Cosmetics of any breach of security or unauthorized use of your account. Gemini Cosmetics will not be liable for your losses caused by any unauthorized use of your account. However, you may be liable for Gemini Cosmetics' losses or other’s losses due to such unauthorized use. You may never use another person’s account without permission.
Subject to the terms in Gemini Cosmetics' Privacy Notice, http://SeekAdventure.com/privacy policy, by submitting Materials, participating in the Contest and Sweepstakes, and/or otherwise using this Site, you acknowledge and agree that Gemini Cosmetics may use and/or disclose information about your first name and location (city and state) and demographics in any manner that does not reveal your identity for advertising, promotional and publicity purposes, and as otherwise required to comply with applicable laws, governmental inquires or requests, valid legal process or to exercise Gemini Cosmetics' right to enforce these Terms of Use in perpetuity, worldwide and without restrictions, free from the payment of additional compensation, notification or permission.
Materials You Submit to the Site
You are solely responsible for the materials, including, but not limited to, images, photographs, videos, sound files (except as provided below), data, text, software, graphics, messages, links, e- mail communications, comments or any other materials ("Materials") that you submit for consideration by Gemini Cosmetics for posting or distributing through the Site. By submitting Materials, you affirm, represent and warrant that you: (i) own all right, title and interest to such Materials or that you have the necessary licenses, rights and permission to use and to authorize Gemini Cosmetics to use all patent, trademark, copyright, trade secret or other proprietary rights in and to any and all Materials, to use such Materials in the manner intended by the Site and in accordance with these Terms of Use; and (ii) you have the written consent, release and permission of any and all identifiable persons in the Materials to use their name and likeness therein.
At its sole discretion and without any obligation to notify you, Gemini Cosmetics will refuse to post on the Site any video that includes any other music track or sound file not licensed for distribution by the person submitting the video; and any such video will automatically be deemed ineligible for entry in the Contest and Sweepstakes. You may not download, use, copy, duplicate, publish, change, make derivative works, display, perform, re-record, sell or claim ownership or authorship of any track, in whole or in part. Without any limitation, you will be solely responsible for your violation of any third party right, including, but not limited to, any copyright, intellectual property or other property right with respect to the licensed, pre-approved music tracks as a result of any use of the music tracks by you in violation of these Terms of Use.
By submitting Materials, you further grant Gemini Cosmetics and its respective subsidiaries, affiliates, successors and assigns, and to such other persons as Gemini Cosmetics may designate from time to time, a worldwide, non-exclusive, royalty-free, transferable, Sublicense able, perpetual, right to use, publish, distribute, reproduce, make derivative works, display and/or perform the Materials, in whole or in part, on the Site, including, but not limited to, promoting the Site and Gemini Cosmetics' business, along with incidental uses or any lawful purpose related thereto, in any media now known or hereafter discovered or developed, free from the payment of additional compensation, notification or permission. You also hereby grant each user of the Site a non-exclusive right to use, publish, distribute, reproduce, make derivative works, display and/or perform the Materials as intended by the Site and under these Terms of Use.
You acknowledge and agree that Gemini Cosmetics has the right, at its sole discretion, but not the obligation, to post, store or otherwise use your Materials on the Site and/or for any other purposes intended by these Terms of Use. Gemini Cosmetics will evaluate all Materials to decide whether the Materials are appropriate and in compliance with these Terms of Use before posting or distributing any Materials on or through the Site or otherwise storing the Materials in connection with the Site. Gemini Cosmetics, at its sole discretion, for any reason and without prior notice, may
- refuse to post or allow to be posted or stored any Materials;
- alter any Materials, at any time, prior to or after posting or storing;
- remove any Materials from the Site at any time.
You further acknowledge and agree that you will not submit any Material that is defamatory, libelous, threatening, obscene, 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.
The views, opinions, recommendations, and comments submitted by you and any other content contained in the Materials are solely your own and your responsibility. Gemini Cosmetics does not endorse and expressly disclaims any and all liability in connection therewith.
Aside from the above, all other materials that you submit or offer to Gemini Cosmetics on or by this Site or otherwise disclose, submit or offer in connection with your use of this Site and that contains creative suggestions, reviews, ratings, ideas, photos, graphics, images or other information, other than for consideration by Gemini Cosmetics for posting or distributing through the Site, (collectively, "Submissions"), shall be deemed, and shall remain, the property of Gemini Cosmetics. Such Submissions shall constitute an assignment to Gemini Cosmetics, of all worldwide right, title and interest in and to all copyrights and other intellectual property rights you may have in the Submissions, subject to any third party rights. Thus, Gemini Cosmetics will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Submissions, subject to any third party rights. Gemini Cosmetics is and shall be under no obligation to:
- maintain any Submissions in confidence;
- pay you any compensation for any Submissions;
- respond to any Submissions; or
- use the Submissions in any manner
Intellectual Property
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site, (collectively, "Content") are protected by copyright, trademarks, trade dress and/or other proprietary rights, and these rights are valid, protected, owned, controlled and/or licensed by Gemini Cosmetics, its subsidiaries and/or affiliates. Any and all unauthorized use of Content is strictly prohibited.
You may, however, download and copy items for personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software.
Gemini Cosmetics, IZOD Fragrance, IZOD and all other trademarks and logos used in this Site, whether registered or unregistered, are trademarks of Gemini Cosmetics International, Inc., and they may not be used in connection with any product or service, in any manner, that is unauthorized and/or likely to cause confusion. All other third party trademarks, product names and company names or logos used in the Site are the property of the applicable Merchant or other third party owner.
Gemini Cosmetics' Communications to You
You agree that Gemini Cosmetics may send communications to you, including, but not limited to e-mail, for the purpose of advising you of changes or additions to this Site, products or services, or for such other purpose(s) as Gemini Cosmetics deems appropriate. Our server cannot automatically collect the e-mail addresses of visitors who do not provide them to us. If you choose to provide us with your e-mail address or other contact information, and then you no longer wish to receive communications from Gemini Cosmetics, you can unsubscribe your e-mail address or other contact information by following the link at the bottom of our e-mail communications. Or, if you prefer, you can send a request to remove your e-mail address and other contact information by:
Calling us toll free at 1-212.568.0100 (weekdays 9:00 a.m. - 5:00 p.m. Eastern), or
Writing to us at:
C/O GEMINI COSMETICS
152 WEST 57TH STREET, 26TH FLOOR
NEW YORK, NY 10019
To contact IZOD Fragrance electronically, please click seekadventure.com
Please note that removal from Gemini Cosmetics' contact list will not prevent you from receiving e-mail communications relating to any online purchase order you place with Gemini Cosmetics. The entry of any Participant who unsubscribes during the Contest and Sweepstakes Period is void. Gemini Cosmetics is not obligated to contact any such Participant for any reason.
Please see Gemini Cosmetics' Privacy Notice for further details concerning Gemini Cosmetics' communication to you. Please also see the Rules for additional notice provisions concerning administration of the Contest and Sweepstakes.
Links to Other Sites
To the extent that this Site contains links to outside services and resources, the availability and content of which Gemini Cosmetics does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. You acknowledge and agree that Gemini Cosmetics is not responsible for the availability of such outside services or resources, and Gemini Cosmetics does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such outside services or resources.
Indemnity
You agree to defend, indemnify and hold harmless Gemini Cosmetics, its officers, directors, employees and agents, from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, attorney's fees, arising from:
- your access to and use of the Site;
- your violation of any term of these Terms of Use
- your violation of any third party right, including without limitation any copyright, intellectual property or other property right, or privacy right; or
- any claim that any of your Material caused damage to a third party.
Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR ACCESS TO AND USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR ANY COMMUNICATION NETWORK OR LINES YOU USE IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE, AND THAT Gemini Cosmetics SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR ACCESS TO AND USE OF THE SITE. Gemini Cosmetics FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER MATERIALS ON THE SITE, THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO OR FROM THIS SITE. Gemini Cosmetics ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR THIRD PARTY SECURE SERVERS HOSTING AND/OR ADMINISTERING THE SITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
Limitation on Liability
IN NO EVENT SHALL Gemini Cosmetics, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR THIRD PARTY SECURE SERVERS HOSTING AND/OR ADMINISTERING THE SITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Gemini Cosmetics IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Termination
This Agreement is effective unless and until terminated by either you or Gemini Cosmetics. You may terminate this Agreement at any time. Gemini Cosmetics also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to and use of the Site, if in Gemini Cosmetics' sole discretion, Gemini Cosmetics believes that you are under 18 years of age, you fail to comply with any of these Terms of Use, or your participation otherwise violates any applicable criminal and/or civil law or regulation. You acknowledge and agree that Gemini Cosmetics shall not be liable to you or any third party for termination of your access to and use of the Site.
Modification of Site
Gemini Cosmetics reserves the right, at its sole discretion, at any time and from time to time, for any reason, temporarily or permanently, in whole or in part, without prior notice to you, to modify or discontinue the Site, including, but not limited to (i) restricting the time the Site is available, and (ii) restricting or terminating any user's right to access and use the Site. You agree that neither Gemini Cosmetics nor any of its affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, content or feature offered through the Site.
Miscellaneous
Gemini Cosmetics reserves the right, at its sole discretion, at any time, for any reason, without prior notice to you, in whole or in part, to modify the Terms of Use that govern your access to and use of the Site. These Terms of Use will be posted on the Site with any modifications. Your access to and use of the Site following any such change constitutes your agreement to follow and be bound by those terms as changed.
This Site is controlled and operated by Gemini Cosmetics from its offices in New York, New York. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of New York.
These Terms of Use, together with the Privacy Notice, the Official Contest and Sweepstakes Rules ("Rules") and any other legal notices published by Gemini Cosmetics on this Site, shall constitute the entire agreement between you and Gemini Cosmetics concerning the Site and Contest and Sweepstakes. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Gemini Cosmetics' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.