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TOS & Privacy Policy

THESE TERMS OF SERVICE (THE “AGREEMENT”)ARE A LEGAL AGREEMENT BETWEEN YOU AS THE USER AND PERFUMARIE, INC, A REGISTERED UNDER THE LAWS OF NEW YORK, HAVING ITS REGISTERED ADDRESS SITUATED AT 155 LAFAYETTE STREET, NEW YORK, NY 10013 (“PERFUMARIE”, OR “WE” “OUR” OR “US”), THAT GOVERNS YOUR LIMITED, NON-EXCLUSIVE AND TERMINABLE RIGHT TO THE USE OF THE PERFUMARIE SITE AND SERVICES AS DEFINED HEREIN. BY CLICKING ON THE "PERFUMARIE.COM", OR OTHERWISE MAKING USE OF THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT SIGN UP FOR AN ACCOUNT AND SHALL NOT MAKE USE OF ANY OF THE SERVICES OR THE SITE. BY AGREEING TO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
 
DEFINITIONS

       • “ACCOUNT” SHALL MEAN AN ACCOUNT WITH PERFUMARIE TO USE THE SERVICES;

       • “AGREEMENT” SHALL MEAN THESE TERMS OF SERVICE, INCLUDING ANY ANNEXES THERETO WHICH FORM AN INTEGRAL PART THEREOF AND WHICH IN THEIR TOTALITY, GOVERN YOUR RELATIONSHIP WITH PERFUMARIE;

       • “APPLICABLE LAW” SHALL MEAN THE LAWS TO WHICH PERFUMARIE IS SUBJECT, PARTICULARLY THE LAWS OF MALTA, WHERE PERFUMARIE IS INCORPORATED AND THE REGULATION (EU) 2016/679, THE GENERAL DATA PROTECTION REGULATION (GDPR), AND ANY OTHER LAWS AS MAY BE APPLICABLE FROM TIME TO TIME;

       • “CONFIDENTIAL INFORMATION” SHALL MEAN ALL INFORMATION PROVIDED BY YOU OR US (THE “DISCLOSING PARTY”), TO THE OTHER PARTY (THE “RECEIVING PARTY”), WHETHER ORALLY OR IN WRITING, WHICH INFORMATION IS DESIGNATED AS BEING CONFIDENTIAL. PROVIDED THAT FOR ALL INTENTS AND PURPOSES, CONFIDENTIAL INFORMATION SHALL NOT BE CONSTRUED TO INCLUDE ANY INFORMATION THAT IS (A) PUBLICLY KNOWN AT THE TIME OF DISCLOSURE OR SUBSEQUENTLY BECOMES PUBLICLY KNOWN THROUGH NO FAULT OF THE RECEIVING PARTY; (B) DISCOVERED OR CREATED BY THE RECEIVING PARTY BEFORE DISCLOSURE BY THE DISCLOSING PARTY; (C) LEARNED BY THE RECEIVING PARTY THROUGH LEGITIMATE MEANS OTHER THAN FROM THE DISCLOSING PARTY OR DISCLOSING PARTY'S REPRESENTATIVES; OR (D) IS DISCLOSED BY THE RECEIVING PARTY WITH THE DISCLOSING PARTY'S PRIOR WRITTEN APPROVAL;

       • “DATA” SHALL MEAN CONTENT, PERSONAL DATA, INFORMATION, KNOW-HOW AND CONFIDENTIAL INFORMATION RELATING TO YOUR BUSINESS, SOME OF WHICH MAY NOT BE PUBLICLY AVAILABLE, INCLUDING BUT NOT LIMITED TO TECHNICAL AND COMMERCIAL INFORMATION CONCERNING YOUR, OR ANY OF YOUR PARENT COMPANY’S OR SUBSIDIARIES’, BUSINESS, SYSTEMS, PROCESSES, SOFTWARE AND SERVICES, AS THE CASE MAY BE;

       • “INTELLECTUAL PROPERTY RIGHTS” SHALL MEAN THE COPYRIGHT, INCLUDING THE MORAL AND RELATED RIGHTS, RIGHTS TO USE, MUSICAL WORKS, LITERARY WORKS, DESIGNS, DATABASES OR ANY OTHER COPYRIGHT PROTECTED WORKS, TRADE NAMES, PROTECTED BUSINESS IDENTIFIERS, PATENTS, UTILITY MODELS AND TRADEMARKS, AND ALL OTHER INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS, IN EACH CASE WHETHER REGISTERED OR UNREGISTERED, WHICH CURRENTLY SUBSIST, OR WILL SUBSIST, NOW OR IN THE FUTURE, IN ANY PART OF THE WORLD;

       • “KNOW-HOW” SHALL MEAN UNPATENTED INFORMATION, KNOWLEDGE, EXPERIENCE, FORMULA, RESEARCH, PROCESSES, STUDIES, REPORTS, DATA AND DESIGNS DEVELOPED BY AND/OR IN YOUR POSSESSION;

       • “PERSONAL DATA” MEANS ANY INFORMATION RELATING TO AN IDENTIFIED OR IDENTIFIABLE NATURAL PERSON; AN IDENTIFIABLE NATURAL PERSON IS ONE WHO CAN BE IDENTIFIED, DIRECTLY OR INDIRECTLY, IN PARTICULAR BY REFERENCE TO AN IDENTIFIER SUCH AS A NAME, AN IDENTIFICATION NUMBER, LOCATION DATA, AN ONLINE IDENTIFIER OR TO ONE OR MORE FACTORS SPECIFIC TO THE PHYSICAL, PHYSIOLOGICAL, GENETIC, MENTAL, ECONOMIC, CULTURAL OR SOCIAL IDENTITY OF THAT NATURAL PERSON;

       • “SERVICE/S” SHALL MEAN EVENTS, WORKSHOPS, PERSONAL SHOPPING, FRAGRANCE FLIGHTS AND THE SOFTWARE AS A SERVICE (SAAS) OFFERED BY PERFUMARIE AND HAVING A VARIETY OF RESOURCES INCLUDING BUT NOT LIMITED TO HEATMAPS, FUNNELS AND FORM ANALYSIS, FEEDBACK POLLS, SURVEYS, RECRUITERS AND OTHER FUNCTIONALITIES AS DEVELOPED AND INTRODUCED BY PERFUMARIE FROM TIME TO TIME AND AS FURTHER DESCRIBED AT THE DISCOVERY STUDIOS AND ON THE SITE;

       • “SITE/S” SHALL MEAN THE WEBSITE PERFUMARIE.COM, ITS BLOGS AND SOCIAL MEDIA ASSETS, IN ADDITION TO ANY SUB-PAGES THAT ARE INTEGRATED WITHIN THIS WEBSITE;

       • “SUBSCRIPTION PLAN” SHALL MEAN ONE OF THE DIFFERENT SUBSCRIPTION PACKAGES THROUGH WHICH YOU CAN USE THE SERVICES.

       • “SUBSCRIPTION TERM” SHALL MEAN THE PERIOD OF TIME FOR WHICH SUBSCRIPTION TO THE SERVICES SHALL BE MADE AVAILABLE BY PERFUMARIE TO YOU, SUBJECT TO YOUR ADHERENCE TO THE OBLIGATIONS UNDERTAKEN BY VIRTUE OF THIS AGREEMENT;

       • “THIRD PARTY/IES” SHALL MEAN ANY PERSONS, WHETHER LEGAL OR NATURAL, WHICH ARE NEITHER YOU NOR PERFUMARIE;

       • “TRIAL PERIOD” SHALL MEAN FREE ACCESS PROVIDED TO YOU BY PERFUMARIE FOR A LIMITED AND ESTABLISHED PERIOD OF TIME, TO THE SERVICES, WHICH SHALL BE GRANTED AT THE SOLE DISCRETION OF PERFUMARIE, WHICH ACCESS MAY BE REVOKED BY PERFUMARIE AT ANY TIME WITHOUT NEED OF ANY PRIOR NOTICE;

       • “YOU” / “YOUR” SHALL MEAN A PERSON, WHETHER NATURAL OR LEGAL, ACTING IN THE COURSE OF A TRADE OR BUSINESS, AND WHO AGREES TO BE BOUND BY THE TERMS CONTAINED IN THIS AGREEMENT.


PERFUMARIE, INC. OFFERS PRODUCTS AND EXPERIENCES BY A COLLECTIVE OF INDEPENDENT BRANDS. THEREFORE, REFUNDS, RETURNS, AND EXCHANGES ARE HANDLED DIFFERENTLY CASE BY CASE. WE WANT YOU TO BE HAPPY WITH YOUR PURCHASE, SO PLEASE CONTACT US IF YOU HAVE ANY CONCERNS UPON THE RECEIPT OF YOUR ORDER. 

IT IS IMPORTANT TO US THAT EVERY PRODUCT IS AUTHENTIC AND SHIPPED IN PERFECT CONDITION. UNLESS UNINTENTIONAL ERRORS ARE MADE ON OUR END, ALL SALES ARE FINAL. SHIPPING FEES ARE NOT REFUNDABLE FOR RETURNS. THE BALANCE WILL BE ISSUED AS STORE CREDIT.

PRE-AUTHORIZATION FOR RETURNS
PERFUMARIE MUST PRE-AUTHORIZE ALL RETURNS AND EXCHANGES; PLEASE CONTACT US WITH ANY CONCERNS OR TO INITIATE THE PROCESS.

MANY OF OUR ORDERS ARE SHIPPED DIRECTLY BY A MAKER OR THEIR AGENT; THEREFORE, YOU WILL RECEIVE RETURN INSTRUCTIONS ALONG WITH A RETURN AUTHORIZATION NUMBER WITH EVERY RETURN APPROVAL REQUEST. THE RETURN AUTHORIZATION NUMBER MUST BE CLEARLY WRITTEN ON THE OUTSIDE OF THE PACKAGE. IF A PROBLEM OCCURS TO THE PRODUCT (S) DURING SHIPPING OR OTHER UNFORESEEN REASON A PHOTO IMAGE MAY BE ASKED IN RETURN TO VERIFY THE ISSUE. WE ARE NOT RESPONSIBLE FOR THE LOSS OR DELAY OF PACKAGES BEING RETURNED AND SUGGEST USING A SHIPPING SERVICE THAT PROVIDES A TRACKING NUMBER AND INSURANCE.

BY LAW, WE CANNOT ACCEPT RETURNS OF PERSONAL CARE, BEAUTY, AND CONSUMABLE PRODUCTS ONCE THEY'VE BEEN OPENED; THIS IS AN INDUSTRY STANDARD CONSUMER PROTECTION. CONSIDER ITEMS PERSONAL CARE IF BY OPENING THEM THEY ARE NO LONGER HYGIENICALLY SAFE, SUCH AS SOAPS, SHAVING BRUSHES, CREAMS, LOTIONS, PERFUMES, ETC. WE DO NOT ATTEMPT TO RE-SELL PRODUCTS TO OUR CUSTOMERS. THEREFORE, ONCE OPENED, THESE ITEMS MUST BE DISCARDED, REPRESENTING A SIGNIFICANT COST TO US AND AN IMPOSITION TO OTHER CUSTOMERS, AS MOST OF OUR PRODUCTS ARE IMPORTED AND IN LIMITED SUPPLY.

WRONG ADDRESS, NON-RECEIVED ITEMS, AND RETURNS
IF THE ITEM IS NOT RECEIVED AND SENT BACK TO US BY THE POSTAL SERVICE COMPANY, YOU WILL BE CHARGED THE ACTUAL SHIPPING FEE. THE PRICE OF THE ITEM WILL BE ISSUED AS A STORE CREDIT ONLY ONCE WE RECEIVE THE RETURNED ITEM. WE WILL CONTACT YOU TO INFORM YOU WHEN WE RECEIVE THE PACKAGE.

SHIPMENTS
THE U.S. DEPARTMENT OF TRANSPORTATION (USDOT) RESTRICTS SHIPMENT OF HAZARDOUS MATERIALS/ITEMS THAT COULD CONTRIBUTE TO A FIRE OR OTHER MISHAP. AEROSOL PRODUCTS IN PRESSURIZED SPRAY CONTAINERS (E.G., HAIRSPRAY, SHAVING CREAM, DEODORANT, AND SOME PERFUMES) AND PRODUCTS CONTAINING FLAMMABLE, VOLATILE, OR CORROSIVE CHEMICALS (E.G., AFTERSHAVE, PERFUMES, AND HAIR COLOR) HAVE THIS RESTRICTED STATUS. WE ARE COMMITTED TO GETTING YOU YOUR PRODUCTS AS FAST AS POSSIBLE, IN THE SAFEST AND RESPONSIBLE WAY. PLEASE CONTACT US SHOULD YOU REQUIRE ADDITIONAL INFORMATION.

WEBSITE USE
ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES AND PHOTOGRAPHY ARE THE PROPERTY OF PERFUMARIE, INC. NO USE OF THESE MAY BE MADE WITHOUT THE PRIOR WRITTEN CONSENT FROM PERFUMARIE, INC. THE LOGO, DESIGNS, ADVERTISEMENTS, AND PHOTOGRAPHIC IMAGES DESCRIBED OR DISPLAYED ON THE SITE ARE THE INTELLECTUAL PROPERTY OF PERFUMARIE, INC. AND MAY NOT BE USED WITHOUT PERMISSION.

DISCLAIMER
BY USING THIS SITE, YOU ASSUME FULL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT PERFUMARIĒ, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

COMMUNICATIONS
WE CONTINUOUSLY MAKE EFFORTS TO IMPROVE OUR CUSTOMER SERVICE AND SERVICE EFFICIENCY. ANY SUGGESTIONS, FEEDBACK, IDEAS OR COMMUNICATION YOU PROVIDE US WILL HELP US GET ACHIEVE THIS GOAL. CONSEQUENTLY, IF YOU ARE ON OUR MAILING LIST, WE MAY SEND YOU OPTIONAL SURVEYS, CONTESTS OR PROMOTIONS. ALL THE NON-PERSONAL INFORMATION COLLECTED WILL BE THE PROPERTY OF PERFUMARIE, INC.

POLICY CHANGES
WE RESERVE THE RIGHT TO CHANGE THIS POLICY AT ANY TIME. IF OUR INFORMATION PRACTICES CHANGE IN THE FUTURE, WE WILL NOTIFY YOU BY POSTING THE POLICY CHANGES ON OUR WEBSITE. IF YOU HAVE ANY QUESTIONS OR SUGGESTIONS REGARDING OUR PRIVACY POLICY, YOU MAY CONTACT US AT LEGAL@PERFUMARIE.COM.

PRIVACY
THE FOLLOWING PRIVACY POLICY APPLIES TO THE PRODUCTS AND SERVICES PROVIDED EXCLUSIVELY BY PERFUMARIE.

IN THIS POLICY, THE WORDS "WE", "OUR", "US" AND "WEBSITE" REFER TO PERFUMARIĒ, INC. THE INFORMATION PROVIDED TO PERFUMARIĒ WILL REMAIN CONFIDENTIAL AND WILL NOT BE DISCLOSED TO ANY OUTSIDE ORGANIZATION WITHOUT PRIOR CONSENT OF THE CUSTOMER UNLESS REQUIRED BY LAW OR IF THE TERMS AND CONDITIONS STATED ON THIS PAGE ARE VIOLATED. WE MAY ALSO USE YOUR CONTACT INFORMATION TO CONTACT YOU ABOUT NEW PRODUCTS, EVENTS OR SPECIAL PROMOTIONS. IF YOU DO NOT WISH TO RECEIVE SUCH COMMUNICATIONS YOU MAY REMOVE YOURSELF FROM OUR LIST BY SENDING AN E-MAIL TO UNSUBSCRIBE@PERFUMARIE.COM. YOU MAY ALSO REMOVE YOURSELF FROM THE MAILING LIST BY CLICKING ON THE UNSUBSCRIBE LINK THAT IS PRESENT IN ALL PROMOTIONAL EMAILS THAT WE SEND TO OUR CUSTOMERS.

AT PERFUMARIE, PERSONAL AND SENSITIVE INFORMATION, SUCH AS THE CREDIT CARD NUMBER AND EXPIRATION DATE, IS PROTECTED USING THE SSL (SECURE SOCKETS LAYERS) ENCRYPTION TECHNOLOGY. YOU CAN MAKE SURE THAT YOU ARE ACCESSING A SAFE SSL ENCRYPTED WEB PAGE WHEN THE URL BEGINS WITH THE "HTTPS" LETTERS.

ACCOUNT REGISTRATION, ACCESS AND DISCLOSURE

       • TO USE THE SITE AND BENEFIT FROM OUR SERVICES, YOU MUST CREATE AN ACCOUNT BY COMPLETING A REGISTRATION FORM AT A STUDIO OR ON PERFUMARIE.COM BY PROVIDING US WITH ALL REQUIRED INFORMATION. YOU AGREE TO PROVIDE US WITH COMPLETE AND ACCURATE INFORMATION UPON REGISTRATION AND TO KEEP SUCH INFORMATION ACCURATE AND UP-TO-DATE DURING YOUR COURSE OF USE OF OUR SERVICE. YOU ARE ADVISED TO KEEP YOUR LOGIN CREDENTIALS STRICTLY CONFIDENTIAL AND TO REFRAIN FROM DISCLOSING THESE TO ANYONE. WE SHALL NOT BE HELD RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR ACCOUNT ARISING FROM YOUR FAILURE TO KEEP YOUR LOGIN CREDENTIALS SAFE AND SECURE.

       • IF YOU ARE USING THE SITE OR SERVICES FOR AND ON BEHALF OF A LEGAL ENTITY YOU MAY DO SO BY ADDING A NEW ORGANIZATION SITE TO YOUR EXISTING ACCOUNT. IF YOU ARE USING THE SITE OR SERVICE FOR AND ON BEHALF OF A LEGAL ENTITY, YOU SHALL BE, AND SHALL BE PRESUMED TO BE EMPOWERED BY AND/OR PROPERLY AUTHORIZED FOR AND ON BEHALF OF THAT LEGAL ENTITY AND YOU AND THE LEGAL ENTITY SHALL BE JOINTLY AND SEVERALLY SUBJECT TO THIS AGREEMENT. IF YOU NO LONGER REMAIN A DULY AUTHORIZED REPRESENTATIVE OF THE LEGAL ENTITY, YOU SHALL BE RESPONSIBLE TO IMMEDIATELY INFORM PERFUMARIE, IN WHICH CASE THE LEGAL ENTITY SHALL REMAIN SUBJECT TO THE AGREEMENT, AND THE LEGAL ENTITY SHALL CONTEMPORANEOUSLY PROCEED TO INFORM PERFUMARIE OF THE NEW AUTHORIZED REPRESENTATIVE. UNTIL A NEW AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED TO PERFUMARIE, YOU SHALL REMAIN RESPONSIBLE AS AFORESAID. PERFUMARIE SHALL NOT BE HELD LIABLE SHOULD A PERSON WITHOUT THE NECESSARY POWER / NON PROPERLY PERFUMARIE PERSON ENTER INTO THIS AGREEMENT FOR AND ON BEHALF OF A LEGAL ENTITY.

       • WE RESERVE THE RIGHT FOR US, OUR CONTRACTORS OR OUR EMPLOYEES, AFTER OBTAINING YOUR PRIOR CONSENT, TO ACCESS YOUR ACCOUNT AND THE INFORMATION THAT YOU HAVE PROVIDED FOR SUPPORT, MAINTENANCE AND SERVICING PURPOSES OR FOR ANY SECURITY-RELATED, TECHNICAL OR BILLING REASONS.

       • IT IS YOUR RESPONSIBILITY TO PROTECT YOUR PERSONAL DATA AND MAINTAIN THE CONFIDENTIALITY OF YOUR USER INFORMATION AND PASSWORDS. YOU ARE ALSO RESPONSIBLE FOR PROMPTLY NOTIFYING PERFUMARIE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT, OR BREACH OF YOUR ACCOUNT INFORMATION OR PASSWORD. TO THE EXTENT THAT SUCH LOSS HAS NOT BEEN CAUSED DUE TO GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD OR BAD FAITH BY PERFUMARIE, PERFUMARIE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR USERNAME OR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. TO THE EXTENT ALLOWABLE BY THE APPLICABLE LAW, YOU SHALL BE LIABLE FOR ANY EXPENSES, INCLUDING USAGE CHARGES AND FINES, FEES, CIVIL JUDGMENTS, AND REASONABLE ATTORNEY'S FEES FOR YOUR INTENTIONAL OR NEGLIGENT FAILURE TO SAFEGUARD USER AND PASSWORD INFORMATION AND/OR PROMPTLY NOTIFYING PERFUMARIE ABOUT ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR BREACH OF YOUR ACCOUNT INFORMATION OR PASSWORD.
 
TERMINATION
YOU MAY TERMINATE THIS AGREEMENT BY REQUESTING YOUR ACCOUNT TO BE DEACTIVATED AND DELETED WHILE LOGGED INTO THE SERVICE.  PERFUMARIE MAY ALSO TERMINATE YOUR RIGHT TO USE THE SITE AND/OR SERVICES WITH OR WITHOUT CAUSE AT ANY TIME. 

PROPRIETARY RIGHTS

       • EXCEPT AS OTHERWISE STATED HEREIN, ALL RIGHTS, TITLES AND INTEREST IN THE SITE AND/OR THE SERVICES AND ANY CONTENT CONTAINED THEREIN IS THE EXCLUSIVE PROPERTY OF PERFUMARIE. UNLESS OTHERWISE SPECIFIED, THE SERVICES ARE FOR YOUR LIMITED USE ONLY AND IF YOU COPY OR DOWNLOAD ANY INFORMATION FROM THIS SITE AND/OR SERVICE, YOU AGREE THAT YOU SHALL NOT REMOVE OR OBSCURE ANY COPYRIGHT OR OTHER NOTICES OR LEGENDS CONTAINED IN ANY SUCH INFORMATION.

       • YOU MAY NOT MODIFY, COPY, DISTRIBUTE, TRANSMIT, DISPLAY, PERFORM, REPRODUCE, PUBLISH, LICENSE, FRAME, CREATE DERIVATIVE WORKS FROM, TRANSFER, OR OTHERWISE USE IN ANY OTHER WAY FOR COMMERCIAL OR PUBLIC PURPOSES, IN WHOLE OR IN PART, ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED FROM THE SITE AND/OR THE SERVICES, EXCEPT FOR THE PURPOSES EXPRESSLY PROVIDED HEREIN, WITHOUT PERFUMARIE'S PRIOR WRITTEN APPROVAL.

       • EXCEPT FOR THOSE INTELLECTUAL PROPERTY RIGHTS THAT ARE ALREADY OWNED, REGISTERED OR VESTED IN YOUR NAME, OR THOSE INTELLECTUAL PROPERTY RIGHTS THAT ARE CREATED BY OR FOR YOU DURING THE DURATION OF THIS AGREEMENT, ALL PERFUMARIE TRADEMARKS, TRADE NAMES, SERVICE MARKS, LOGOS AND OTHER INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SITE AND SERVICES ARE PROPRIETARY TO PERFUMARIE. YOUR USE OF ANY MARKS ON THE SITE AND SERVICES IN ANY MANNER OTHER THAN AS AUTHORIZED IN THIS AGREEMENT, OR AS AUTHORIZED IN WRITING BY PERFUMARIE, SHALL BE STRICTLY PROHIBITED.

       • ALL YOUR TRADEMARKS, TRADE NAMES, SERVICE MARKS AND LOGOS ARE PROPRIETARY TO YOU. PERFUMARIE'S USE OF ANY OF YOUR MARKS IN ANY MANNER OTHER THAN AS AUTHORIZED IN THIS AGREEMENT, OR AS AUTHORIZED IN WRITING BY YOU, IS STRICTLY PROHIBITED.

       • IN THE COURSE OF PERFORMING THE SERVICES, PERFUMARIE WILL HAVE ACCESS TO SOME OF YOUR DATA. ALL RIGHTS, TITLE AND INTEREST IN THE DATA IS YOUR EXCLUSIVE PROPERTY, EXCEPT AS OTHERWISE PROVIDED FOR HEREIN THROUGHOUT THIS AGREEMENT.

       • PERFUMARIE SHALL NOT MODIFY, COPY, DISTRIBUTE, TRANSMIT, DISPLAY, PERFORM, REPRODUCE, PUBLISH, LICENSE, FRAME, CREATE DERIVATIVE WORKS FROM, TRANSFER, OR OTHERWISE USE IN ANY OTHER WAY FOR COMMERCIAL OR PUBLIC PURPOSES, IN WHOLE OR IN PART, ANY OF YOUR DATA BELONGING TO YOU, EXCEPT FOR THE PURPOSES OF THE PROVISION OF PERFORMING THE SERVICES EXPRESSLY PROVIDED FOR HEREIN, WITHOUT ANY FURTHER PRIOR NEED OF APPROVAL OR CONSENT FROM YOU.

       • FOR THE AVOIDANCE OF DOUBT, PERFUMARIE WILL KEEP YOUR DATA CONFIDENTIAL AND MAINTAIN YOUR CONFIDENTIAL INFORMATION IN THE STRICTEST OF CONFIDENCE. IN THIS RESPECT, PERFUMARIE WILL NOT DISCLOSE OR PERMIT DISCLOSURE OF YOUR DATA TO ANY UNAUTHORIZED PERSON, AND WILL ONLY MAKE SUCH LIMITED USE AS STRICTLY NECESSARY FOR PERFUMARIE TO PERFORM THE SERVICES. FOR THE AVOIDANCE OF DOUBT, ALL SUCH RIGHTS TO PERFUMARIE TO USE YOUR DATA SHALL BE GRANTED SOLELY FOR THE DURATION OF THIS AGREEMENT AND IN ACCORDANCE WITH OUR PRIVACY POLICY.

       • YOU ACKNOWLEDGE AND AGREE THAT PERFUMARIE MAY DISCLOSE ANY DATA IF REQUIRED TO DO SO BY LAW OR IN THE GOOD FAITH BELIEF THAT SUCH PRESERVATION OR DISCLOSURE IS REASONABLY NECESSARY TO: (A) COMPLY WITH LEGAL PROCESS; (B) ENFORCE THIS AGREEMENT; (C) RESPOND TO CLAIMS THAT ANY OF YOUR CONTENT AND/OR DATA VIOLATES THE RIGHTS OF THIRD PARTIES; OR (D) PROTECT THE RIGHTS, PROPERTY, OR PERSONAL SAFETY OF PERFUMARIE, THE SITE, THE SERVICES, ITS USERS, AND THE PUBLIC.

       • IN THE EVENT THAT YOU PROVIDE PERFUMARIE WITH ANY FEEDBACK, SUGGESTIONS, COMMENTS OR IMPROVEMENTS WITH RESPECT TO THE SITE AND/OR SERVICES, YOU HEREBY GRANT PERFUMARIE WITH A NON-REVOCABLE, SUB-LICENSABLE AND ROYALTY FREE RIGHT AND LICENCE TO MAKE USE OF, COPY, DISCLOSE, LICENCE, AND DISTRIBUTE SUCH FEEDBACK, SUGGESTIONS, COMMENTS OR IMPROVEMENTS IN ANY MANNER WITHOUT ANY OBLIGATIONS, OF WHATEVER KIND, TOWARDS YOU. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A LIMITATION ON PERFUMARIE TO MAKE USE, DEVELOP AND MARKET ANY SERVICES INCORPORATING THE FEEDBACK, SUGGESTIONS, COMMENTS OR IMPROVEMENTS THAT YOU HAVE PROVIDED.

       • FOR THE AVOIDANCE OF DOUBT, ALL SUCH RIGHTS TO PERFUMARIE TO USE YOUR DATA SHALL BE GRANTED SOLELY FOR THE DURATION OF THIS AGREEMENT.

CONFIDENTIAL INFORMATION
THE PERSON IN RECEIPT OF CONFIDENTIAL INFORMATION (THE “RECEIVING PARTY”) SHALL HOLD AND MAINTAIN THE CONFIDENTIAL INFORMATION IN STRICTEST CONFIDENCE FOR THE SOLE AND EXCLUSIVE BENEFIT OF THE OTHER PARTY (FOR THE PURPOSES OF THIS SECTION, THE “DISCLOSING PARTY”). RECEIVING PARTY SHALL ENSURE RESTRICTION OF ACCESS TO CONFIDENTIAL INFORMATION TO ITS EMPLOYEES, CONTRACTORS AND THIRD PARTIES AS IS COMMERCIALLY AND REASONABLY REQUIRED AND SHALL REQUIRE THOSE PERSONS TO SIGN AND ABIDE BY NONDISCLOSURE RESTRICTIONS AT LEAST AS PROTECTIVE AS THOSE CONTAINED WITHIN THIS AGREEMENT. THE RECEIVING PARTY SHALL NOT, WITHOUT THE PRIOR WRITTEN APPROVAL FROM THE DISCLOSING PARTY, USE FOR RECEIVING PARTY'S OWN BENEFIT, PUBLISH, COPY, OR OTHERWISE DISCLOSE TO OTHERS, OR PERMIT THE USE BY OTHERS FOR THEIR BENEFIT OR TO THE DETRIMENT OF THE DISCLOSING PARTY, ANY CONFIDENTIAL INFORMATION. THE RECEIVING PARTY SHALL RETURN TO THE DISCLOSING PARTY ANY CONFIDENTIAL INFORMATION AND ALL RECORDS, NOTES, AND OTHER WRITTEN, PRINTED, OR TANGIBLE MATERIALS IN ITS POSSESSION PERTAINING TO CONFIDENTIAL INFORMATION IMMEDIATELY WHERE THE DISCLOSING PARTY SO REQUESTS IN WRITING.
WARRANTIES

PERFUMARIE WARRANTS AND REPRESENTS TO YOU THAT:

       • THE INTELLECTUAL PROPERTY RIGHTS (INCLUDING WITHOUT LIMITATION ALL COPYRIGHT, TRADEMARKS, DESIGN RIGHTS, SERVICE MARKS, WHETHER REGISTERED OR UNREGISTERED) IN ANY MATERIAL PROVIDED BY PERFUMARIE AS PART OF THE SITE AND/OR THE SERVICES DO NOT, TO THE BEST OF PERFUMARIE’S KNOWLEDGE, INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS WHEN USED IN ACCORDANCE WITH THIS AGREEMENT;

       • PERFUMARIE WILL ONLY USE YOUR DATA IN ACCORDANCE WITH THIS AGREEMENT, INCLUDING ITS ANNEXES; AND

       • PERFUMARIE REPRESENTS AND WARRANTS TO YOU THAT IT HAS ALL NECESSARY RIGHTS AND AUTHORITY TO ENTER INTO THE PRINCIPAL AGREEMENT AND ANY ADDENDUM TO PERFORM THE SERVICES.

       • YOU REPRESENT AND WARRANT THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS APPLICABLE TO YOU WHEN USING OUR SERVICE. YOU AGREE TO PROVIDE AND MAINTAIN A LEGALLY ADEQUATE PRIVACY POLICY THAT ACCURATELY DISCLOSES YOUR PRACTICES WITH RESPECT TO THE COLLECTION, USE, AND DISCLOSURE OF PERSONAL DATA, INCLUDING PERSONAL DATA COLLECTED THROUGH YOUR USE OF OUR SERVICE. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER YOU ARE SUBJECT TO ANY SECTOR-SPECIFIC PRIVACY LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), THE GRAMM-LEACH BLILEY ACT (GLBA), THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA), THE FAMILY EDUCATION RIGHTS AND PRIVACY ACT (FERPA) OR ANY LAW CONCERNING THE PRIVACY OF ANY COLLECTED PERSONAL INFORMATION OR OTHER LAWS AS MAY BE APPLICABLE TO YOU, AND FOR DETERMINING WHETHER OUR SERVICE IS SUITABLE FOR YOU TO USE IN LIGHT OF THE APPLICATION OR POTENTIAL APPLICATION OF ANY SUCH LAWS OR REGULATIONS. IF YOU ARE SUBJECT TO SPECIFIC LAWS OR REGULATIONS, YOU REPRESENT AND WARRANT THAT YOUR USE OF OUR SERVICE WILL BE IN ACCORDANCE WITH SUCH LAWS OR REGULATIONS. PERFUMARIE WILL NOT BE HELD LIABLE FOR YOUR FAILURE TO PROVIDE A LEGALLY ADEQUATE PRIVACY POLICY OR IF OUR SERVICE DOES NOT MEET THE REQUIREMENTS IMPOSED BY ANY PRIVACY LAWS OR REGULATIONS TO WHICH YOU ARE SUBJECT.

YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY LOSSES, INCLUDING ATTORNEY FEES THAT RESULT FROM YOUR BREACH OF ANY PART OF THESE WARRANTIES;

YOU FURTHER AGREE THAT, IF APPLICABLE TO YOU, IN CONNECTION WITH YOUR USE OF THE SERVICE, TO COMPLY WITH ALL APPLICABLE EXPORT AND RE-EXPORT CONTROL LAWS AND REGULATIONS. YOU WARRANT THAT YOU ARE NOT LOCATED IN A UNITED NATIONS SECURITY COUNCIL SANCTIONED COUNTRY AND ARE NOT ON A SANCTIONED PERSONS LIST. YOU ALSO WARRANT THAT YOU WILL NOT PURCHASE THE SERVICE USING FUNDS SOURCED FROM A SANCTIONED COUNTRY.

LIMITATIONS
IN NO EVENT SHALL PERFUMARIE, ITS OWNERS, SUPPLIERS OR ANY OF THEIR RESPECTIVE OWNERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, INTERRUPTION, LOSS OF PROGRAMS OR OTHER INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM (I) YOUR USE OF OR ACCESS TO THE SITE AND/OR SERVICES, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE SITE AND/OR SERVICES, (II) FOR ANY FAILURE OR INTERRUPTION OF THE SITE AND/OR SERVICES; WHETHER ARISING OUT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATIONS OR TRANSMISSION OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF PERFUMARIE OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DATA RETENTION
PERFUMARIE COMMITS TO SECURELY STORING DATA ON BEHALF OF OUR CUSTOMERS. YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THAT PERFUMARIE DOES NOT PROVIDE ANY ARCHIVING OR BACKUP SERVICES, AND MAY DELETE DATA THAT IS NO LONGER IN USE AND EXCEEDS THE TIMEFRAMES STIPULATED IN THE APPLICABLE SUBSCRIPTION PLAN. PERFUMARIE EXPRESSLY DISCLAIMS ALL OBLIGATIONS WITH RESPECT TO ARCHIVING, STORAGE AND BACKUP OF DATA.

ASSUMPTION OF RISK
YOU USE THE INTERNET SOLELY AT YOUR OWN RISK AND SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS AND REGULATIONS. WHILE PERFUMARIE HAS ENDEAVOURED TO CREATE SECURE AND RELIABLE SITE AND SERVICES, PERFUMARIE IS NOT RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION OUTSIDE OF ITS CONTROL. PERFUMARIE SHALL HAVE NO LIABILITY FOR INTERRUPTIONS OR OMISSIONS IN INTERNET, NETWORK OR HOSTING SERVICES. YOU ASSUME THE SOLE AND COMPLETE RISK OF USING THE SITE AND THE SERVICES.

YOU HEREBY DECLARE THAT YOU ARE AWARE THAT AS A RESULT OF THE GLOBAL NATURE OF THE INTERNET AND WORLD WIDE WEB, THE SITE AND/OR SERVICES ARE AVAILABLE ONLINE AND MAY GENERALLY BE ACCESSIBLE FROM ANYWHERE IN THE WORLD AT ANY TIME. ACCESS TO THE SITE AND/OR SERVICES MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN JURISDICTIONS. ACCESS TO AND USE OF THE SITE AND/OR THE SERVICES ARE AT YOUR OWN RISK AND YOU SHALL BE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION AND ANY JURISDICTION IN RESPECT OF WHICH YOU USE THE SITE AND/OR SERVICES. YOU AGREE TO COMPLY WITH ALL LOCAL RULES REGARDING ONLINE CONDUCT AND ACCEPTABLE CONTENT IN ANY GENERATED CONTENT.

THE SITE AND/OR SERVICES MAY INCLUDE LINKS TO CERTAIN WEBSITES, MATERIALS, OR CONTENT DEVELOPED BY THIRD PARTIES. PERFUMARIE HAS NOT REVIEWED ALL OF THE SITES LINKED TO ITS SITE AND/OR SERVICES AND SHALL NOT BE RESPONSIBLE FOR THE CONTENTS OF ANY SUCH LINKED MATERIAL. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PERFUMARIE OF SUCH MATERIAL AND PERFUMARIE SHALL NOT BE HELD LIABLE IN RESPECT OF ANY LINKS CONTAINED THEREIN. USE OF ANY SUCH LINKED MATERIAL SHALL BE AT YOUR OWN RISK. PERFUMARIE RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO DISCONTINUE LINKS TO ANY OTHER MATERIAL AT ANY TIME AND FOR ANY REASON.

ADVERTISING
UNLESS YOU SPECIFICALLY WITHDRAW YOUR CONSENT TO THIS CLAUSE BY SENDING AN EMAIL AT UNSUBSCRIBE@PERFUMARIE.COM, YOU HEREBY ACKNOWLEDGE AND CONSENT TO PERFUMARIE MAKING USE OF ANY OF YOUR MARKS, LOGOS AND TRADE NAMES TO IDENTIFY YOU AS PERFUMARIE’S USER/MEMBER/CUSTOMER ON PERFUMARIE’S SITE AND/OR SERVICES, IN ADDITION TO ANY OTHER MARKETING MATERIAL.

ENFORCING SECURITY

ACTUAL OR ATTEMPTED UNAUTHORIZED USE OF ANY OF THE SITE AND/OR SERVICES MAY RESULT IN THE INSTITUTION BY US OF CRIMINAL AND/OR CIVIL PROSECUTION. FOR YOUR PROTECTION, WE RESERVE THE RIGHT TO VIEW, MONITOR, AND RECORD ACTIVITY ON THE SITE AND/OR SERVICES WITHOUT NOTICE OR FURTHER PERMISSION FROM YOU, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, AND ONLY IN ACCORDANCE WITH THIS AGREEMENT. THIS RIGHT EXTENDS TO OUR REVIEW OF TRACKING ACTIVITY AND DETAILS PERTAINING TO CLAIMED VIOLATIONS BY YOU. ANY INFORMATION OBTAINED BY MONITORING, REVIEWING, OR RECORDING IS SUBJECT TO REVIEW BY LAW ENFORCEMENT ORGANIZATIONS IN CONNECTION WITH THE INVESTIGATION OR PROSECUTION OF POSSIBLE CRIMINAL ACTIVITY ON ANY OF THE SITE AND/OR SERVICES.

SEVERABILITY
IF ANY PROVISION OF THIS AGREEMENT IS FOUND, BY ANY COURT HAVING COMPETENT JURISDICTION, TO BE UNENFORCEABLE, THAT PROVISION SHALL BE LIMITED TO THE MINIMUM EXTENT NECESSARY SO THAT THIS AGREEMENT SHALL OTHERWISE REMAIN IN EFFECT TO THE MAXIMUM EXTENT POSSIBLE.

INDEMNIFICATION
WE AGREE TO INDEMNIFY, DEFEND, AND HOLD YOU HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING FROM OR RELATING TO OUR VIOLATION OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS DIRECTLY ARISING OUT OF YOUR USE OF THE SERVICES IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, WE SHALL HAVE NO INDEMNIFICATION OBLIGATION WITH RESPECT TO ANY CLAIMS (I) ARISING OUT OF OR RELATED TO YOUR DATA (II) TO YOUR VIOLATION OF ANY APPLICABLE LAWS; (III) YOUR VIOLATION, WHETHER ALLEGED OR ACTUAL, OF ANY THIRD PARTY RIGHTS, INCLUDING BUT NOT LIMITED TO DATA PROTECTION AND PRIVACY RIGHTS.

YOU SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND PERFUMARIE, INCLUDING ANY OF ITS SUBSIDIARIES, OFFICERS, OWNERS, PARTNERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUBSIDIARIES, SHAREHOLDERS, LICENSORS, SUPPLIERS AND OTHER PARTNERS (“PERFUMARIE INDEMNIFIED PARTIES”), TO THE MAXIMUM EXTENT PERMITTED, IN FULL AND IN PERPETUITY, AND AT YOUR OWN COST, FROM ANY THIRD PARTY LIABILITIES, CLAIMS, COSTS, EXPENSES, OBLIGATIONS, LOSSES OR DAMAGES, EXCLUDING INDIRECT DAMAGES AND CONSEQUENTIAL LOSS THAT MAY ARISE FROM (I) YOUR UNAUTHORISED USE OF ANY MATERIAL OBTAINED THROUGH THE SITE AND SERVICES; (II) YOUR USE AND ACCESS TO THE SITE AND SERVICES WHICH IS NOT IN ACCORDANCE WITH THIS AGREEMENT; AND (IV) YOUR VIOLATION, WHETHER ALLEGED OR ACTUAL, OF ANY THIRD PARTY RIGHTS.

INDEMNIFICATION PROCEDURES: THE PARTIES’ RESPECTIVE INDEMNIFICATION OBLIGATIONS ABOVE ARE CONDITIONED ON: (A) THE INDEMNIFIED PARTIES GIVING THE INDEMNIFYING PARTY PROMPT WRITTEN NOTICE OF THE CLAIM, EXCEPT THAT THE FAILURE TO PROVIDE PROMPT NOTICE WILL ONLY LIMIT THE INDEMNIFICATION OBLIGATIONS TO THE EXTENT THE INDEMNIFYING PARTY IS PREJUDICED BY THE DELAY OR FAILURE; (B) THE INDEMNIFYING PARTY HAS FULL AND COMPLETE CONTROL OVER THE DEFENSE AND SETTLEMENT OF THE CLAIM; (C) THE RELEVANT INDEMNIFIED PARTIES PROVIDING ASSISTANCE IN CONNECTION WITH THE DEFENSE AND SETTLEMENT OF THE CLAIM (AS LONG AS THE SETTLEMENT DOES NOT INCLUDE ANY PAYMENT OF ANY AMOUNTS BY OR ANY ADMISSIONS OF LIABILITY, WHETHER CIVIL OR CRIMINAL, ON THE PART OF ANY OF THE INDEMNIFIED PARTIES), AS THE INDEMNIFYING PARTY MAY REASONABLY REQUEST; AND (D) THE INDEMNIFIED PARTIES’ COMPLIANCE WITH ANY SETTLEMENT OR COURT ORDER MADE IN CONNECTION WITH THE CLAIM. THE INDEMNIFYING PARTY WILL INDEMNIFY THE INDEMNIFIED PARTIES AGAINST: (I) ALL DAMAGES, COSTS, AND ATTORNEYS’ FEES FINALLY AWARDED AGAINST ANY OF THEM WITH RESPECT TO ANY CLAIM; (II) ALL OUT-OF-POCKET COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) REASONABLY INCURRED BY ANY OF THEM IN CONNECTION WITH THE DEFENSE OF THE CLAIM (OTHER THAN ATTORNEYS’ FEES AND COSTS INCURRED WITHOUT THE INDEMNIFYING PARTY’S CONSENT AFTER IT HAS ACCEPTED DEFENSE OF SUCH CLAIM); AND (III) ALL AMOUNTS THAT THE INDEMNIFYING PARTY AGREED TO PAY TO ANY THIRD PARTY IN SETTLEMENT OF ANY CLAIMS ARISING UNDER THIS CLAUSE AND SETTLED BY THE INDEMNIFYING PARTY OR WITH ITS APPROVAL.

INFRINGEMENT REMEDY: IF YOU ARE ENJOINED OR OTHERWISE PROHIBITED FROM USING ANY OF THE SERVICES OR A PORTION THEREOF BASED ON A THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIM COVERED BY OUR INDEMNIFICATION OBLIGATIONS UNDER THIS CLAUSE ABOVE, THEN WE WILL, AT OUR SOLE EXPENSE AND OPTION, EITHER: (A) OBTAIN FOR YOU THE RIGHT TO USE THE ALLEGEDLY INFRINGING PORTIONS OF THE SERVICES; (B) MODIFY THE ALLEGEDLY INFRINGING PORTIONS OF THE SERVICES SO AS TO RENDER THEM NON-INFRINGING WITHOUT SUBSTANTIALLY DIMINISHING OR IMPAIRING THEIR FUNCTIONALITY; OR (C) REPLACE THE ALLEGEDLY INFRINGING PORTIONS OF THE SERVICES WITH NON-INFRINGING ITEMS OF SUBSTANTIALLY SIMILAR FUNCTIONALITY. IF WE DETERMINE THAT THE FOREGOING REMEDIES ARE NOT COMMERCIALLY REASONABLE, THEN WE WILL PROMPTLY PROVIDE A PRORATED REFUND TO YOU FOR ANY PREPAID FEES RECEIVED BY US UNDER THIS AGREEMENT THAT CORRESPOND TO THE UNUSED PORTION OF THE TERM. THE REMEDY SET OUT IN THIS CLAUSE IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ACTUAL OR ALLEGED INFRINGEMENT BY US OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS IN THE EVENT THAT YOU ARE ENJOINED OR OTHERWISE PROHIBITED FROM USING ANY OF THE SERVICES OR A PORTION THEREOF BASED ON A CLAIM COVERED BY OUR INDEMNIFICATION OBLIGATIONS UNDER THIS CLAUSE.

YOU SHALL BE SOLELY RESPONSIBLE WITH RESPECT TO DEFENDING ANY SUCH CLAIMS, AND FOR THE PAYMENT OF LOSSES, COSTS, DAMAGES OR EXPENSES RESULTING FROM THE FOREGOING TO BOTH A THIRD PARTY AND TO PERFUMARIE IN CONNECTION THEREWITH. YOU SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN APPROVAL OF PERFUMARIE, ATTEMPT TO, OR SETTLE, DISPOSE OR ENTER INTO ANY PROPOSED SETTLEMENT OR RESOLUTION OF ANY CLAIM (WHETHER HAVING BEEN FINALLY ADJUDICATED OR OTHERWISE) BROUGHT AGAINST YOU, IF SUCH SETTLEMENT OR RESOLUTION RESULTS IN ANY OBLIGATION OR LIABILITY FOR PERFUMARIE. PROVIDED THAT THIS CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT, HOWSOEVER OCCURRED, AND TERMINATION OF YOUR ACCESS AND/OR USE OF THE SITE OR SERVICES.

GOVERNING LAW AND DISPUTE RESOLUTION
THIS AGREEMENT IS GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF NEW YORK. THE PARTIES AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF NEW YORK STATE ARBITRATION AT THE TIME OF THE DISPUTE.

PERFUMARIE SHALL RETAIN THE RIGHT, AT ITS OPTION AND FOR ITS EXCLUSIVE BENEFIT, TO INSTITUTE PROCEEDINGS REGARDING OR RELATING TO YOUR USE OF THE SITE AND SERVICES IN THE COURTS OF LAW OF THE COUNTRY, IN WHICH YOU RESIDE.

WAIVER OF JURY TRIAL
YOU AND PERFUMARIE WAIVE THEIR RIGHTS (IF APPLICABLE) TO A TRIAL BY JURY RELATING TO ALL CLAIMS AND CAUSES OF ACTION (INCLUDING COUNTERCLAIMS) RELATED TO OR ARISING OUT OF THIS AGREEMENT. THIS WAIVER SHALL ALSO APPLY TO ANY SUBSEQUENT AMENDMENTS OR MODIFICATIONS TO THIS AGREEMENT.

NO CLASS ACTIONS
ALL CLAIMS BETWEEN THE PARTIES, INCLUDING PARENT COMPANIES AND SUBSIDIARIES RELATED TO THIS AGREEMENT WILL BE LITIGATED INDIVIDUALLY AND YOU WILL NOT CONSOLIDATE OR SEEK CLASS TREATMENT FOR ANY CLAIM WITH RESPECT TO THE SERVICES.

WAIVER OF COMPLIANCE OF THIS AGREEMENT
OUR FAILURE TO ENFORCE, AT ANY TIME, ANY OF THE PROVISIONS, CONDITIONS OR REQUIREMENTS OF THE AGREEMENT, OR THE FAILURE TO REQUIRE, AT ANY TIME, PERFORMANCE BY YOU OF ANY OF THE PROVISIONS OF THE AGREEMENT, SHALL IN NO WAY WAIVE YOUR OBLIGATION TO COMPLY WITH ANY OF THE PROVISIONS OF THE AGREEMENT OR OUR ABILITY TO ENFORCE EACH AND EVERY SUCH PROVISION AS WRITTEN.

ANY AND ALL WAIVERS BY EITHER PARTY HERETO OF ANY PROVISION, CONDITION OR REQUIREMENT OF THE AGREEMENT WILL ONLY BE EFFECTIVE AGAINST THE OTHER PARTY IF IT IS IN WRITING AND SIGNED BY AN AUTHORIZED OFFICER OF THAT PARTY, AND ANY SUCH WRITTEN WAIVER WILL NOT CONSTITUTE A WAIVER OF ANY FUTURE OBLIGATION TO COMPLY WITH SUCH PROVISION, CONDITION OR REQUIREMENT.

ASSIGNMENT AND DELEGATION
NEITHER PARTY MAY ASSIGN OR DELEGATE ANY RIGHTS OR OBLIGATIONS UNDER THE AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE OTHER PARTY. NOTWITHSTANDING THE FOREGOING, BOTH PARTIES MAY ASSIGN THEIR RIGHTS AND OBLIGATIONS UNDER THE AGREEMENT IN CONNECTION WITH A CONSOLIDATION, MERGER, ACQUISITION OR SALE OF SUBSTANTIALLY ALL OF THEIR ASSETS, SHARES OR ACTIVITIES WITHOUT THE PRIOR WRITTEN CONSENT OF THE OTHER PARTY. 

RELATIONSHIP OF THE PARTIES
SUBJECT TO THE CONTRARY SET FORTH HEREIN, NOTHING CONTAINED IN THESE TERMS SHALL BE INTERPRETED OR CONSTRUED TO CREATE A PARTNERSHIP, AGENCY, SINGLE EMPLOYER, JOINT EMPLOYER OR ANY OTHER TYPE OF EMPLOYMENT RELATIONSHIP BETWEEN THE PARTIES HERETO, OR TO IMPOSE LIABILITY ATTRIBUTABLE TO SUCH RELATIONSHIP UPON EITHER PARTY. NEITHER PARTY WILL HAVE ANY RIGHT, POWER OR AUTHORITY TO ENTER INTO ANY AGREEMENT ON BEHALF OF, TO INCUR ANY OBLIGATION OR LIABILITY OF, OR TO OTHERWISE BIND THE OTHER PARTY.

SURVIVAL
RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT WHICH BY THEIR NATURE ARE INTENDED TO SURVIVE TERMINATION, INCLUDING WITHOUT LIMITATION THE INDEMNIFICATION AND LIABILITY LIMITATIONS PROVISIONS SET FORTH IN THIS AGREEMENT, SHALL REMAIN IN FULL EFFECT AFTER TERMINATION OR EXPIRATION OF THE AGREEMENT.
PRIVACY / DATA PROTECTION
YOU ACKNOWLEDGE THAT, BY USING OUR SERVICES, YOU MAY PROCESS INFORMATION WHICH IS CONSIDERED AS BEING PERSONAL DATA AND/OR PERSONAL DATA INFORMATION THAT IS CONSIDERED SENSITIVE UNDER THE LAWS APPLICABLE TO YOU.

BY ACCEPTING THE TERMS CONTAINED WITHIN THIS AGREEMENT, INCLUDING ITS ANNEXES, YOU ACKNOWLEDGE REPRESENT AND WARRANT THAT YOU SHALL COMPLY WITH ALL APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO DATA PROTECTION AND PRIVACY LAWS AND THAT YOU SHALL INDEMNIFY PERFUMARIE INDEMNIFIED PARTIES AGAINST ANY THIRD PARTY CLAIMS RELATED TO VIOLATION OF SUCH APPLICABLE LAWS IN THE USE OF THE SERVICE.

DISCLAIMER
THE MATERIALS CONTAINED ON THE PERFUMARIE SITE AND SERVICES ARE PROVIDED “AS IS”. OTHER THAN FOR THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, PERFUMARIE HEREBY MAKES NO FURTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATION OF RIGHTS INFRINGEMENT. FURTHER, PERFUMARIE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS SITE OR SERVICES, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY THIRD PARTY SITES OR SERVICES LINKED TO WITHIN THE SITE OR SERVICES OR THAT THE SERVICES WILL BE ERROR-FREE OR PROVIDE CERTAIN RESULTS.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS.

CONTACT INFORMATION:
PERFUMARIE, INC
155 LAFAYETTE STREET
NEW YORK, NY 10013
UNITED STATES OF AMERICA
(646) 595-1627
CONCIERGE@PERFUMARIE.COM