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TERMS OF USE
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PRIVACY POLICY
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| Automatic Collection of Anonymous Information |
| Personally Identifiable Information |
| Disclosure of Information |
| Children's Privacy |
| 'Cookies' & Advertisers |
| External Links |
| Security |
| Choice / Opt-Out |
| Data Quality / Access |
| Changes to this Privacy Policy |
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Diesel Fragrances, Luxury Products Division of L'Oreal S/D USA (hereafter referred to as "Diesel
Fragrances"), has adopted this Privacy Statement in order to inform you of its policies with
respect to information collected from this website. Your use of this website constitutes your
acceptance of this Privacy Statement and your consent to the practices it describes.
When you visit the Diesel Fragrances website, like when you visit most other websites, certain
anonymous information about your visit is automatically logged, which may include information
about the type of browser you use, the server name and IP address through which you access the
internet (such as "aol.com" or "earthlink.net"), the date and time you access the site, the
pages you access while on the Diesel Fragrances website, and the internet address of the
website, if any, from which you linked directly to the Diesel Fragrances site. This
information is not personally identifiable.
Personally Identifiable Information is any information that concerns you individually and would
permit someone to contact you, for example, your name, address, telephone/fax number, social
security number, email address or any information you submitted to diesel-fragrances.com that
identifies you individually. diesel-fragrances.com will not collect any personally identifiable
information about you unless you provide it. Therefore, if you do not want diesel-fragrances.com
to obtain any personally identifiable information about you, do not submit it.
You can visit and browse the Diesel Fragrances website without revealing personally
identifiable information about yourself. You may also choose to disclose personally
identifiable information about yourself, which may be maintained as described below.
Diesel-fragrances.com may collect personally identifiable information about you from
its website by methods such as the following:
Registration Forms - If you are offered the opportunity to enter a promotion, to
become a registered user of the Diesel Fragrances website, or to opt-in to receive Diesel
information through another site, you must apply by filling out the registration form
on the site. This form requires certain personally identifiable information that may
include, without limitation, your name, email address, postal address, telephone number,
areas of interest, product usage, and/or a unique individual password.
Transactions and Activity - If you become a registered user or if you conduct
transactions through the Diesel Fragrances website, diesel-fragrances.com, collects
information about the transactions you engage in while on the website and your other
activity on the site. This information may include, without limitation, areas of the
website that you visit, transaction type, content that you view, download or submit,
transaction amount, payment, shipping and billing information as well as the nature,
quantity and price of the goods or services you exchange and the individuals or
entities with whom you communicate or transact business.
Email and Other Voluntary Communications - You may also choose to communicate
with diesel-fragrances.com through email, via our website, by telephone, in writing,
or though other means. We collect the information in these communications, and such
information may be personally identifiable.
Diesel-fragrances.com does not provide personally identifiable information to unaffiliated
third parties for their use in marketing directly to you. Diesel Fragrances may use
unaffiliated companies to help it maintain and operate its website or for other reasons
related to the operation of its business, and those companies may receive your personally
identifiable information for that purpose. Diesel Fragrances may also disclose personally
identifiable information about you in connection with legal requirements, such as in
response to an authorized subpoena, governmental request or investigation, or as otherwise
permitted by law. Finally, as Diesel Fragrances' business develops, it may sell or buy
corporate assets, and in such transactions customer information may be one of the transferred
business assets. If Diesel Fragrances, its internet businesses, or substantially all of
its assets, is acquired, customer information may be one of the assets transferred.
Diesel Fragrances contracts with Coremetrics, a service provider, to help analyze customer
information. Coremetrics is restricted from using your information in any manner, other
than helping Diesel Fragrances to better provide its products and services to you. For
more information including how to opt out, please go to:
http://www.coremetrics.com/info_eluminate2.html.
This website is directed toward and designed for use by persons aged 13 or older.
diesel-fragrances.com will not approve applications of, or establish or maintain accounts
or memberships for, any child whom diesel-fragrances.com knows to be under the age of 13.
Diesel-fragrances.com does not solicit or knowingly collect personally identifiable
information from children under the age of 13. If diesel-fragrances.com nevertheless
discovers that it has received personally identifiable information from an individual
who indicates that he or she is, or whom Diesel Fragrances otherwise has reason to
believe is, under the age of 13, diesel-fragrances.com will delete such information
from its systems. Additionally, a child's parent or legal guardian may request that
the child's information be corrected or deleted from diesel-fragrances.com's files
by contacting us at customerservice@diesel-fragrances.com.
The Diesel Fragrances website's server, or the servers of companies that are used to operate
this site, may place a "cookie" on your computer in order to allow you to use the website
and to personalize your experience.
A "cookie" is a small piece of data that can be sent by a web server to your computer, which
then may be stored by your browser on your computer's hard drive. Cookies allow
diesel-fragrances.com to recognize your computer while you are on its website and
help customize your online experience and make it more convenient for you. Cookies
are also useful in allowing more efficient log-in for users, tracking transaction
histories and preserving information between sessions. The information collected
from cookies may also be used to improve the functionality of the website.
The advertisers and/or other content providers that may appear on this website may also
use cookies that are not sent by the Diesel Fragrances website. Such ads or content may
contain cookies that help track and target the interests of users of this website in
order to present "personalized" advertisements or other messages that the user might
find interesting. Diesel Fragrances is not responsible for any such cookies.
Most web browser applications (such as Microsoft Internet Explorer and Netscape Navigator)
have features that can notify you when you receive a cookie or prevent cookies from
being sent. If you disable cookies, however, you may not be able to use certain
personalized functions of this website.
The Diesel Fragrances website may contain links to other websites, including those of
advertisers or third party content providers who offer downloads on diesel-fragrances.com.
Please be aware that Diesel Fragrances is not responsible for the privacy practices or the
content of other websites. Websites that are accessible by hyperlinks from the Diesel
fragrances website may use cookies. Diesel Fragrances encourages
you to read the privacy statements provided by other websites before you provide personally
identifiable information to them.
Diesel-fragrances.com maintains physical, electronic, and procedural safeguards to help
guard personally identifiable information. If transactions are offered on the site,
transaction information is transmitted to and from diesel-fragrances.com in encrypted
form using industry-standard Secure Sockets Layer (SSL) connections to help protect
such information from interception. diesel-fragrances.com restricts authorized access
to your personal information to those persons who have a legitimate purpose to know
that information to provide products or services to you and those persons you have
authorized to have access to such information. Please be aware, however, that any
email or other transmission you send through the internet cannot be completely
protected against unauthorized interception.
In order to provide service to you, diesel-fragrances.com will send you communications
related to your transactions, security or the administration of its website. From
time to time, diesel-fragrances.com and its affiliates may also wish to send you
other messages or updates about diesel-fragrances.com, its affiliates, or their
promotions and other activities. If you would prefer not to receive future email
communications from diesel-fragrances.com and its affiliates, an unsubscribe link
is provided on every communication you receive from diesel-fragrances.com, excluding
order-related communications. Or you may send an email containing your request to
customerservice@diesel-fragrances.com.
Diesel-fragrances.com allows you to change, update, or delete the information you may
provide in your optional registration form. If you would like to change, update, or
delete your personal information, please send an email containing your request to
customerservice@diesel-fragrances.com.
Diesel-fragrances.com reserves the right to modify or supplement this policy at any
time. If a material change to the terms of this policy is made, diesel-fragrances.com
will post a notice on its homepage and a link to the new policy.
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USER SUBMISSIONS
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Diesel Fragrances Website may now or in the future permit the submission of videos, photographs, graphic designs, music or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Diesel Fragrances does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you confirm, represent, and/or warrant that:
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you own or have the necessary licenses, rights, consents, and permissions to use and authorize Diesel Fragrances to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and |
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you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. By submitting the User Submissions to Diesel Fragrances, you hereby grant Diesel Fragrances a worldwide, exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Diesel Fragrances Website and Diesel Fragrances (and its successor's) business, including without limitation for promoting and redistributing part or all of the Diesel Fragrances Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you does not terminate once you remove or delete a User Submission from the Website. |
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waive in perpetuity with respect to any User Submission the benefits of all copyrights, trademarks, goodwill, rights of publicity, merchandizing rights, advertising rights and all other commercial rights in and to such User Submissions world wide. |
Diesel Fragrances hereby grants to you a world wide, fully paid up, non-exclusive, royalty free, license to use reproduce, distribute, display and perform the User Submissions that you submit under these Terms. You accept that in connection with User Submissions, you further agree that you will not undertake in any infringing activity including, but not limited to:
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submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Diesel Fragrances all of the license rights granted herein; |
| ii) |
publish falsehoods or misrepresentations that could damage Diesel Fragrances or any third party; |
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submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; |
| iv) |
post advertisements or solicitations of business; |
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impersonate another person |
Diesel Fragrances does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Diesel Fragrances expressly disclaims any and all liability in connection with User Submissions. Diesel Fragrances does not permit copyright infringing activities and infringement of intellectual property rights on its Website.
Diesel Fragrances reserves the right to remove Content and User Submissions without prior notice. Diesel Fragrances will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.
Diesel Fragrances also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Diesel Fragrances may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
You understand that when using the Diesel Fragrances Website, you will be exposed to User Submissions from a variety of sources, and that Diesel Fragrances is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Diesel Fragrances with respect thereto, and agree to indemnify and hold Diesel Fragrances, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Diesel Fragrances permits you to link to materials on the Website for personal, non-commercial purposes only.
Diesel Fragrances permits you to use the email facility provided on the Website to send hyperlinks to your own and/ or others' User Submissions to third parties. You agree that, in sending such hyperlinks, that;
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you will not send them to any person under the age of 21, and |
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Diesel Fragrances cannot be held liable for any inaccuracies, or indecent, objectionable or offensive content, actual or perceived, of the content of the User Submissions relating to that hyperlink. |
Diesel Fragrances reserves the right to discontinue any aspect of the Diesel Fragrances Website at any time.
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LIMITATION OF LIABILITY
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You acknowledge that your use of the Website, including the content, is at your own risk. If you are dissatisfied with the Website, the Terms or any of the Content your sole remedy is to discontinue use of the website. your sole remedy is to discontinue use of the Website In no event shall Diesel Fragrances, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, or consequential damages.
Save in respect of fraud and of personal injury or death to the extent it results from Diesel Fragrances's negligence, in no event will Diesel Fragrances be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise arising from your use of the website whatsoever, even if Diesel Fragrances has been advised of the possibility thereof, resulting from any:
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errors, mistakes, or inaccuracies of content, |
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any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, |
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any interruption or cessation of transmission to or from our website, |
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any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or |
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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 Diesel Fragrances website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company 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. |
Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
You specifically acknowledge that Diesel Fragrances shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Website is controlled and offered by Diesel Fragrances. Diesel Fragrances makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
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CONTACT US
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If you have questions about this privacy statement, the information practices of
diesel-fragrances.com or your dealings with diesel-fragrances.com, please contact
Diesel Fragrances Consumer Affairs, 574 Springfield Ave, Westfield, NJ 07090 or call
Consumer Affairs at 1.888.4U-DSLFR (1.888.483-7537) Option 3.
Copyright 2007 Diesel Fragrances, Luxury Products Division of L'Oreal S/D USA,
Inc. All trade marks registered. All rights reserved.
In accordance with laws governing literary and artistic property rights or other similar
rights, the reproduction or redistribution of the elements that make up the Diesel
Fragrances website, in whole or in part, is strictly prohibited.
All of the brands cited herein are registered trademarks.
Diesel Fragrances is happy to welcome you to its website. While Diesel Fragrances has
endeavoured to ensure the accuracy of the information accessed via the website, Diesel
Fragrances does not guarantee or give any warranty as to the accuracy, timeliness or
completeness of any information or material on the website, and declines all
responsibility for technical inaccuracies or other errors. Diesel Fragrances declines
all responsibility for any difficulties encountered in accessing the site or for
any communication line failure.
Effective date: August 27, 2007
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