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| TERMS AND CONDITIONS OF USE |
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General
havanera.com is the official website for The Havanera Co., a wholly owned subsidiary
and division of Perry Ellis International, Inc. We ask that you abide
by the terms and conditions of use that follow. Please read them carefully,
because your use of the havanera.com web site (the "Site")
constitutes your agreement to be bound by these terms. If you do not
agree to be bound by these terms and conditions of use, you may not access
or otherwise use this Site. We reserve the right to revise these terms
and conditions from time to time. When we make changes, we will post
them here. You may wish to check this section from time to time, because
your use of the Site following any changes indicates your agreement to
be bound by those modifications. |
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| Site Usage Policy |
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| (A) Security |
| You are prohibited from violating or
attempting to violate the security measures on the Site, including, without limitation: |
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| (1) |
Using a false password or one
belonging to another user or accessing data not intended for the user or logging into
a server or account which such user is not authorized to access; |
| (2) |
Disclosing a password or
permitting a third party to use a password or failing to notify us if a password is compromised; |
| (3) |
Attempting to probe, scan or test the vulnerability of the system
or network or to breach security or authentication measures without proper authorization; |
| (4) |
Attempting to interfere with service to any user,
host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"; |
| (5) |
Sending unsolicited e-mail,
including promotions and/or advertising of products or services; |
| (6) |
Forging any TCP/IP packet header
or any part of the header information in any e-mail or newsgroup posting; or |
| (7) |
Hijacking all or any part of the
Site content, deleting or changing any Site content, deploying pop-up messages or advertising,
running or displaying this Site or any Site content in frames or
through similar means on another Site, or linking to the Site or any page
within the Site, without our specific written permission. |
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(B) General Rules
You agree to use the Site only for lawful purposes and only for your own personal,
non-commercial use. You may not use the Site to transmit, post, download, distribute,
copy, display publicly, store or destroy material (a) in violation of any applicable law
or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade
secret or other intellectual property rights of others or violate the privacy or publicity
or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening,
defamatory, abusive or hateful. |
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(C) Violations
We have absolute discretion to determine if any use violates these rules, and to act
as we deem appropriate in the event of any violation. Violations of system or network
security may result in civil or criminal liability. We will investigate occurrences which
may involve such violations and may involve, cooperate with, and make disclosures to, law
enforcement authorities in identifying and prosecuting users who are involved in such violations. |
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Site Contents
Unless otherwise noted, all materials, including images, illustrations, designs,
icons, photographs, video clips, and written and other materials that
appear as part of the Site (collectively, the "Contents") are property owned,
controlled, licensed or used with permission by The Havanera Co., and/or
its parent company, and its subsidiaries and affiliates (collectively, "PEI").
The Site as a whole and its Contents are protected by copyright, trademark,
trade dress and other laws and all worldwide right, title and interest
in and to the Site and its Contents are owned by PEI or used with permission.
havanera.com and all other trademarks appearing on this Site are trademarks
of PEI or are licensed or used with permission of the owner by PEI.
The Contents of the Site, and the Site as a whole, are intended solely for personal,
non-commercial use by the users of the Site and may not be used except as permitted in
these Terms of Use. You may download or copy the Contents and other downloadable materials
displayed on the Site for your personal 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, publicly 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 Contents, the Site, or any related software. Nothing contained on this Site grants
or should be construed as granting, any license or right to use, implied or otherwise, any trademarks,
trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site
without the prior written consent of PEI or the owner of such material. |
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Product Information
The Havanera Co.'s products displayed on the Site are generally available in most
cases in select department and/or company-owned stores in the United
States and select foreign markets while supplies last. In some cases,
merchandise displayed on the Site may not be available in stores and
The Havanera Co. makes no representations or warranties that any of the products
or services displayed on the Site will be available at any time or location.
Any prices displayed on the Site are quoted in U.S. Dollars and represent
manufacturer's suggested resale prices for the United States. |
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Colors
We have made every effort to display as accurately as possible the colors of our products that appear on the Site.
However, as the actual colors you see will depend on your monitor, we cannot guarantee that
your monitor's display of any color will be accurate. |
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User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed,
submitted or offered to PEI on or by this Site or otherwise disclosed, submitted
or offered in connection with your use of this Site (collectively, "Comments")
shall be and remain PEI's property. Such disclosure, submission or offer of any
Comments shall constitute an assignment to PEI of all worldwide right, title and
interest in all copyrights and other intellectual properties in the Comments. PEI
is and shall be under no obligation (1) to maintain any Comments in confidence; (2)
to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that none of the Comments submitted by you to the Site will violate any
right of any third party, including copyright, trademark, privacy or other personal
or proprietary right(s). You further agree that none of the Comments submitted by you
to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material.
You are and shall remain solely responsible for the content of any Comments you make.
You agree that PEI may send electronic mail to you for the purpose of advising
you of changes or additions to this Site, about any of PEI's products or services,
or for such other purpose(s) as PEI deems appropriate. You agree that PEI may use
and/or disclose information consistent with our Privacy Policy. |
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Indemnification
You agree to defend, indemnify and hold PEI harmless from and against any and all claims,
damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. |
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Links to Other Web Sites
To the extent that this Site contains links to outside services and resources, including
other websites, the availability and content of which PEI does not own, operate or control,
any concerns regarding any such service or resource, or any link thereto, should be directed
to the particular outside service, resource or website. Any such links are provided solely
as a convenience to you. If you click on these links, you will leave this Site. PEI makes
no representations or warranties concerning and is not responsible for the content, information
or other material on or accessed from any other websites that are not owned, operated or controlled by PEI. |
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Disclaimer
PEI ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, INTERRUPTION
OF SERVICE OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS EQUIPMENT ARISING
FROM YOUR ACCESS TO OR USE OF THIS SITE AND ITS CONTENTS. IN NO EVENT SHALL PEI OR ANY OF
ITS AFFILIATED ENTITIES OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS,
EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, EVEN IF PEI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT
OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES,
PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY BECAUSE SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. |
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Inaccuracy Disclaimer
From time to time there may be information on this Site that contains typographical errors, inaccuracies,
or omissions, including those that may relate to product descriptions, pricing, and availability. We reserve
the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
We apologize for any inconvenience this may cause you. |
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Miscellaneous
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State
of Florida, without giving effect to any conflict of law provisions. Any dispute arising under this
Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the State of Florida. |
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Third-Party Trademarks
Third-party trade names, product names and logos, contained in this website may be the
trademarks or registered trademarks of their respective owners. |
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Notices for Reporting and Making Claims of Copyright Infringement
PEI will investigate notices of copyright infringement and take appropriate actions under the Digital
Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA,
written notification of claimed copyright infringement must be submitted to the following designated agent for this website: |
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Perry Ellis International, Inc.
Attn: General Counsel - Intellectual Property
3000 N.W. 107th Avenue
Miami, FL 33172
VIA FACSIMILE: (305) 406-0513
VIA EMAIL: legal@pery.com |
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| Please send any concerns regarding our products or
services to custserv@pery.com. |
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Termination
This Agreement is effective unless and until terminated by either you or PEI.
You may terminate this Agreement at any time. PEI also may terminate this
Agreement at any time and may do so immediately without notice, and accordingly
deny you access to the Site, if in PEI's sole discretion you fail to comply
with any term or provision of this Agreement. |
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