Elle Beauty Box - Pre-registration
These Terms are a legal agreement between You and ELLE Canada (wholly licensed by Transcontinental Media G.P.), who is distributing the Product Samples on behalf of its client (“Sample Provider”). Your use of the ELLE Canada Beauty Box and Product Samples is governed by these Terms. You acknowledge and agree that the provisions, disclosures, notices and disclaimers set forth in these Terms are fair and reasonable. BY CLICKING ON THE ‘I AGREE’ BUTTON WHEN SUBSCRIBING TO RECEIVE THE ELLE CANADA BEAUTY BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ARE BOUND BY ALL OF THE TERMS, CONDITIONS AND DISCLAIMERS CONTAINED HEREIN.
In order to be eligible to receive an ELLE Canada Beauty Box, you must be a legal resident of Canada (excluding the Province of Quebec) who has reached the legal age of majority in Your province/territory of residence at the time of registration.
The ELLE Canada Beauty Box will be provided on a first come, first serve basis, while quantities last. Your ELLE Canada Beauty Box will be shipped within 6-8 weeks from completion of Your registration to receive the ELLE Canada Beauty Box and Your acceptance of these Terms. You agree and acknowledge that the shipping and delivery times may vary and that ELLE Canada is not responsible for delayed, undelivered, misdirected, damaged, lost or stolen shipments.
The ELLE Canada Beauty Box and the Product Samples are not intended or authorized for sale. The Products are offered for Your personal, non-commercial use. You agree to use the Product Samples in accordance with their instructions for use, if any.
ELLE Canada and its Sample Provider would like to hear Your comments about Your experiences of using the Product Samples (“Review”). All submitted Reviews are subject to these Terms. You hereby agree and acknowledge that any Review that You submit may be collected by a third party service provider for or on behalf of ELLE Canada or Sample Provider. By agreeing to these Terms, You declare that You have all the necessary rights, in particular, intellectual property rights, titles and interest in and to Your Review.
You acknowledge and agree that by simply submitting Your Review to ELLE Canada, You hereby unconditionally and irrevocably transfer all rights, titles and interest in and to Your Review to ELLE Canada, without any compensation owed whatsoever to You, and You hereby acknowledge and agree that ELLE Canada, its Sample Provider and any of their respective third party service providers may gather, collect, use, edit, modify, correct, delete, reproduce, publish, distribute, license or sub-license Your Review, at their entire discretion, by any and all means and media now known or hereafter devised. To this effect, You also waive any moral right You may assert related to the integrity of Your Review. You further acknowledge and agree that Your Review should not contain any content, material or language that is considered offensive or violent, promotes or offers for sale any good or service of a competitor of ELLE Canada or its Sample Provider, constitutes “spam”, and that Your Review should not contain swearwords, obscenities, degrading language, or other language not suitable for a public forum, or any personal information or other unreasonable content nor any illegal content. ELLE Canada reserves the right, at its sole discretion, not to use or publish or to withdraw Your Review(s).
DISCLAIMER OF WARRANTIES AND RELEASE
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELLE CANADA EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE ELLE CANADA BEAUTY BOX AND THE PRODUCT SAMPLES. THE ELLE CANADA BEAUTY BOX AND THE PRODUCT SAMPLES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ELLE CANADA DOES NOT WARRANT THE COMPLETENESS OR SAFETY OF THE ELLE CANADA BEAUTY BOX AND THE PRODUCT SAMPLES NOR OF ANY RESULTS FROM THE USE THEREOF.
BY USING THE ELLE CANADA BEAUTY BOX AND THE PRODUCT SAMPLES, YOU ACKNOWLEDGE AND AGREE THAT SUCH USAGE IS DONE ENTIRELY AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS, DAMAGE, DEATH, BODILY INJURY OR HARM RELATED TO OR ARISING FROM, THE USE OR MISUSE OF THE ELLE CANADA BEAUTY BOX AND THE PRODUCT SAMPLES. YOU HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ELLE CANADA AND ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, SUBCONTRACTORS, ADVERTISING AND PROMOTIONAL AGENCIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND ANY OTHER PERSONS OR ENTITIES INVOLVED IN THE CREATION, MANUFACTURING OR DISTRIBUTION OF THE ELLE CANADA BEAUTY BOX AND THE PRODUCT SAMPLES, FROM ANY AND ALL ACTIONS, CAUSES OF ACTIONS, CLAIMS, UNDERTAKINGS, CONTRACTS, LIABILITIES OR DAMAGES INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEY FEES AND LITIGATION EXPENSES, CLAIMS ARISING FROM NEGLIGENCE OR BREACH OF CONTRACT, BODILY INJURY OR HARM, DEATH AND PROPERTY DAMAGE, WHICH MAY ARISE DIRECTLY OR INDIRECTLY IN CONNECTION WITH YOUR RECEIPT, USE OR MISUSE OF THE ELLE CANADA BEAUTY BOX AND THE PRODUCT SAMPLES.
CONSENT TO USE OF DATA AND PROTECTION OF PERSONAL INFORMATION
By agreeing to these Terms, You agree to the collection, use and disclosure of Your personal information by ELLE Canada or any of its authorized third party service providers for the purposes of delivering the ELLE Canada Beauty Box to You as well as gathering, storing, displaying, using, reproducing and publishing your Review as contemplated under these Terms. You further agree and acknowledge that ELLE Canada may disclose Your personal information as required by law or to any third parties who process the personal information on ELLE Canada’s behalf for the purposes of delivering the ELLE Canada Beauty Box to You and collecting, storing, displaying, using, reproducing and publishing your Review as contemplated under these Terms. Some of these service providers may be located in foreign jurisdictions and Your personal information may be collected, used, disclosed, stored or processed in such foreign jurisdictions and will then become subject to the legal requirements of these jurisdictions, including lawful requirements to disclose personal information to the governmental authorities in those jurisdictions.
You agree to fully defend and indemnify ELLE Canada from any and all claims, liabilities, and costs (including reasonable attorney’s fees) related to or arising from (i) Your use or misuse of the ELLE Canada Beauty Box and/or Product Sample(s), (ii) Your Review(s) or (iii) Your violation of these Terms.
LIMITATION OF LIBILITY
IN NO EVENT WILL ELLE CANADA BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES TO THE FULL EXTENT PERMITTED BY LAW.
You are not authorized to use any ELLE Canada or Sample Provider’s trademarks, brand names, or logos.
CHOICE OF LAW
You agree that all matters relating to these Terms, the ELLE Canada Beauty Box and the Product Samples are governed by the laws of the Province of Ontario and the federal laws applicable therein, without regard to, or application of, choice of law rules or principles. You further agree that any litigation will be subject to the exclusive jurisdiction and venue of the courts of the Province of Ontario, district of Toronto. You should be aware that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion for incidental or consequential damages that are contained in these Terms. Your agreement to be bound by these Terms means that You may be waiving legal rights that could be available to You in another jurisdiction.
These Terms constitute the entire agreement between You and ELLE Canada with respect to Your use of the ELLE Canada Beauty Box and the Product Samples. Failure to enforce Your strict compliance with these Terms will not constitute a waiver of any rights of ELLE Canada. These Terms may only be amended in written form, executed by You and ELLE Canada.
No failure or delay on the part of ELLE Canada in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or future exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedy that may be available to ELLE Canada at law, in equity or otherwise.
If any provision contained in these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of these Terms will remain in full force and effect.
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March 27, 2015