Terms & Conditions

Introduction

These are The following terms and conditions (referred to as the "Terms and Conditions" and/or the "Agreement" and/or the "Terms of Use") for your use of services or features on the sites owned and controlled by Eau Platinum Corp dba PerfumeLive. ("PerfumeLive", "We", "Our"), including www.PerfumeLive.com, mobile.perfumelive.com and all other sites, mobile sites, services, applications, platforms, and tools where these Terms and Conditions appear or are linked (collectively, the "Site"). We may add additional Sites from time to time as we expand our offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access. PerfumeLive provides its services to you (the "Customer") subject to this Agreement. All content held on this website is the exclusive property of PerfumeLive.

BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH OR DO NOT ACCEPT ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

Changes to This Agreement

PerfumeLive reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time, at any time, without notice, and in its sole discretion. If PerfumeLive decides to change these Terms of Use, PerfumeLive will post a new version on the Sites and update the date set forth above. PerfumeLive also reserves the right, at any time, to modify or update its Privacy & Security Statement by using the same procedures. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

License and Access

PerfumeLive grants you a limited license to access and make personal use of the Site and Site content only for noncommercial purposes and only to the extent such use does not violate this Agreement. This license does not include any resale or commercial use of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by PerfumeLive and/or its content providers. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of PerfumeLive. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PerfumeLive without express written consent. You may not use any meta tags or any other "hidden text" utilizing PerfumeLive's name or trademarks without the express written consent of PerfumeLive. You may not misuse the Site. You may use the Site only as permitted by law. The licenses granted by PerfumeLive will terminate if you do not comply with this Agreement and/or any other Site Terms & Conditions.

Sales tax

We are Collecting sales tax for orders shipped in New Jersey on Site based on the New Jersey sales tax rate. In All other states where sales taxes are collected, customers are responsible for paying local and state sales tax due on their purchases.

Purpose of Sales

All sales of products by PerfumeLive are limited to personal use and may not, without the express prior written approval of PerfumeLive, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases.

Website Content

All right, title, and interest in the Website and all content displayed on the Website (“Content”) is owned or controlled by Company, our parent company, affiliates or licensors, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property laws. Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Website.

Website Accessibility

While we strive for the Website to be accessible 24 hours a day, we are not liable for any downtime or periods of inaccessibility. We reserve the right to suspend or terminate the Website in whole or in part, for any reason, in our sole discretion, and without advance notice or liability.

Copyright

All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of PerfumeLive, or its respective content providers, and are protected by U.S. and international copyright laws. All software used on the Site is the property of PerfumeLive or its respective software suppliers, and such software is protected by U.S. and international copyright laws and other laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of PerfumeLive and is protected by U.S. and international copyright laws.

Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of PerfumeLive or its licensors. PerfumeLive's trademarks may not be used in connection with any product or service that is not PerfumeLive's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits PerfumeLive. All other trademarks not owned by PerfumeLive that appear on any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PerfumeLive.

Privacy Policy

PerfumeLive protects customer information according to our Privacy Policy posted on the Site, and our Privacy Policy, as amended from time to time, is incorporated by reference to be a part of this Agreement.

Confidentiality

Other than personally identifiable information, which is discussed in our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We have no obligations with respect to such material. We are not obligated to treat any suggestions or improvements submitted by you in a confidential or proprietary manner.

Responsibility for your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through the Comments or otherwise, including the submission of product Ratings & Reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Sites and a member of PerfumeLive.

Your Account

You may be required to register as Member with PerfumeLive in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to PerfumeLive, PerfumeLive reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

User Comments, Feedback, Posts, and Other Submissions

You may submit, post, or otherwise make available reviews, comments, feedback, suggestions, questions, photos, videos, and other content on or through the Site (collectively, "Comments") as long as your Comments do not contain any Prohibited Content. "Prohibited Content" means Content that:

  • is threatening, defamatory, hateful, harassing, abusive, or obscene;
  • violates the right of privacy or right to publicity;
  • is false, deceptive, or otherwise misleading;
  • infringes any intellectual property right, such as patent, copyright, trademark, and/or trade secret;
  • contains any software virus or other malware;
  • includes any commercial or political solicitation;
  • violates any local, state, or federal law or regulation;
  • impersonates another person or entity;
  • includes any advertisement, pyramid scheme, or other "spam;" and/or is otherwise objectionable or non-family-friendly as determined by PerfumeLive in its sole discretion.

Although PerfumeLive cannot monitor all Comments, PerfumeLive reserves the right (but not the obligation), in its sole discretion, to remove or edit any Comment that appears on the Site for any reason and at any time. Nevertheless, you are solely responsible for any Comments you submit, post, or otherwise make available on or through the Site, and you agree to indemnify PerfumeLive for all claims resulting from any such Comments. PerfumeLive has no obligation (1) to maintain any Comment in confidence; (2) to pay any person any compensation for any Comment; or (3) to respond to any Comment.

PerfumeLive takes no responsibility and assumes no liability for any Comment or other content posted by you or any third party.

By submitting Content to PerfumeLive and participating in site or linked third party site, you represent and warrant that:

You understand you are participating in a public forum and that your Content and other personal information will be available to all other users of the Sites, the Community and potentially Third Party Sites;

(a) You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to PerfumeLive to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);

(b) You understand that your Content may be utilized and distributed by PerfumeLive in its marketing materials, including but not limited to, PerfumeLive.com, PerfumeLive emails, social channels, and store materials;

(c) You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for posting content on PerfumeLive's sites or channels (including but not limited to product reviews, Q&A, photographs, and social channels), then you must disclose this in your posting. All disclosures must be made clearly and conspicuously;

(d) All "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;

(e) All Content that you post is accurate;

(f) You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and their agreement to these Terms of Use; and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit:

Is not false, inaccurate or misleading;

(a) Does not harm minors;

(b) Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;

(c) Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(d) Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

(e) Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, torturous, threatening or harassing to any individual, partnership or corporation;

(f) Is not submitted for compensation or other consideration from any third party;
is relevant to the product being rated and reviewed or about which a question or answer is submitted; does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;

(g) Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules; Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(h) Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and

(i) Does not impersonate any person or entity, including, without limitation, any PerfumeLive official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity.

You may not use the Sites or Community to collect or store personal information about other users. PerfumeLive does not endorse any Content or any opinion, recommendation or advice expressed therein, and PerfumeLive disclaims all liability with respect to the Content posted by third parties.

If your Content includes ideas, suggestions, documents or proposals to PerfumeLive through the Community, (a) such Content is not confidential or proprietary and PerfumeLive has no obligation of confidentiality, express or implied, with respect thereto; (b) PerfumeLive may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from PerfumeLive under any circumstances unless you are otherwise notified by PerfumeLive in writing.

PerfumeLive does not claim ownership of any Comment. However, you agree that PerfumeLive is free to use any Comment for the purpose of providing you and others with the use of the Site, with associated products and services, and with PerufmeLive's (and its successors' and assigns)' business. You grant PerfumeLive a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable and transferable right and license to use, communicate, distribute, reproduce, copy , create derivative works from, modify, adapt, translate , publish, delete in its entirety edit, translate, distribute, publicly perform, and/or publicly display, sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site. You also grant PerfumeLive the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the Comment.

ONLINE CONDUCT:

Any conduct by a person that in PerfumeLive's sole discretion restricts or inhibits any other person from using or enjoying the Site is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.

USE RESTRICTIONS:

You are prohibited from posting or transmitting to or from the Website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b) for which you have not obtained all necessary licenses and/or approvals;

(c) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

(d) which is technically harmful, including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.

The Company shall fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of or locate anyone posting any material in breach of (a)-(d), above.

AGE REQUIREMENT:

The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

RISK OF LOSS:

The risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.

FRAUD PROTECTION PROGRAM:

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. For your own security, you won't be able to submit an order on PerfumeLive.com if the billing address, credit card expiration date and/or security code doesn't match your credit card statement.

We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

TERMINATION:

PerfumeLive may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer's access to all or part of the Site, without notice, for any conduct that PerfumeLive, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or PerfumeLive.

PRODUCT AND PRICING INFORMATION:

All material and information presented by PerfumeLive is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through PerfumeLive are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from PerfumeLive it should be only after the legal or parental guardian has discussed the product with the minor's doctor.

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. PerfumeLive does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. PerfumeLive does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites.

The products available on the Sites, including any samples or free gifts PerufmeLive may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from PerfumeLive. PerfumeLive reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by PerfumeLive in its sole discretion. Except where prohibited by law, PerfumeLive may limit the number of products available for purchase.

Please also note that product pictures may vary. On occasion, the manufacturer may change the packaging but not the formulation of a product or fragrance. If any discrepancies are noted, please contact customer service.

The products displayed on the Sites can be ordered and delivered only within the United States. All prices displayed on PerfumeLive are quoted in U.S. Dollars and are valid and effective only in the United States. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PerfumeLive. Price and availability information is subject to change at any time, without notice and in our sole discretion. We make no representations or warranties about the accuracy or completeness of the information on the Website. There may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate. We have made every effort to display product color as accurately as possible, however, we cannot guarantee the display of any such color on your particular computer monitor or device will be accurate.

You are responsible for payments due for any products ordered via the Website. If we do not receive payment from your credit issuer or its agents, you agree to submit payment to us in full. You shall be responsible for any costs of collection for overdue payments. Your purchases may be subject to governmental taxes.

COLORS/SATISFACTION POLICY/RETURNS:

PerfumeLive has made every reasonable effort to display as accurately as possible the colors of the products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. PerfumeLive does not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on the Site, please contact us. If for any reason you are not satisfied with any products you purchase on the Site you can return them to our warehouse and any refunds or credits due shall be provided in accordance with our Return Policy. We will provide a credit card refund for warehouse returns.

ORDER ACCEPTANCE/SHIPPING TERMS/REFUNDS:

The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on the Site, or published in any catalog or other advertisement. PerfumeLive reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified as potential fraud. PerfumeLive reserves the right to limit the quantity of items purchased per person, per household or per order for any reason; and these restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing address and/or shipping address. PerfumeLive also reserves the right, in our sole discretion, to either prohibit sales or limit quantities of sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any item from PerfumeLive for the purpose of engaging in a commercial sale of that same item with a third party. With respect to items sold by PerfumeLive, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by PerfumeLive is higher than our stated price, we will at our discretion, either contact your for instructions before shipping or cancel your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Pricing for items on PerfumeLive.com may be different from prices available on PerfumeLive mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users). Verification of order and customer information may be required prior to the acceptance of any order. PerfumeLive is not obligated to fulfill any order and may refuse any order. Alternatively, PerfumeLive may accept the order and notify the Customer of an estimated time for shipment (in which case the order shall be deemed to remain open until delivery). Charges to Customer's credit card shall only be processed for collection when a shipment has been made. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. In the event of an authorized return of any goods sold from the Site, PerfumeLive is not obligated to include a refund of any shipping and handling charges or gift wrap charges except when the return is for defective product and PerfumeLive shall have the option to refund any amount owing to Customer by either crediting the charge card used for payment or mailing a check to the Customer at the address shown on the related order.

DISCLAIMER - HEALTH & BEAUTY PRODUCTS:

PerfumeLive sells products from many of the finest cosmetic and fragrance producers in the world. The use and selection of cosmetics and fragrance products and other health and beauty products ("Beauty Products") requires care to be certain that any directions and warnings from the manufacturer are observed and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to such products.

PerfumeLive will endeavor to provide to Customers product labeling information, however, PerfumeLive is not the manufacturer of the Beauty Products it sells. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.

In providing information or advice on this Site with respect to Beauty Products, whether in chat rooms, in product descriptions, or otherwise, PerfumeLive may rely upon advice from third-party manufacturers and from licensed beauticians. As to any products of which PerfumeLive is not the manufacturer, PerfumeLive will, upon request, endeavor to identify the manufacturer of such product and provide to the Customer contact information for the manufacturer.

DISCLAIMER OF LIABILITY:

TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE REMEDY FOR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE FOR THE PRODUCT PURCHASED VIA THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENT COMPANY OR AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, OFFICERS OR DIRECTORS BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, LOSS OF DATA, INCOME OR PROFIT, DAMAGE TO PROPERTY, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

ALSO PERFUMELIVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

DISCLAIMER OF WARRANTY:

PerfumeLive does not represent or warrant that the information accessible through the Site is accurate, complete or current or that any advice or any particular product will achieve any result of any kind. Price and availability information contained on this site is subject to change without notice. PerfumeLive shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site.

All materials and information presented by PerfumeLive on the Site are intended to be used for informational purposes only. The products promoted on the Site, including cosmetic products, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. The results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at the Site. In providing product information to its customers, PerfumeLive relies in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please Contact Us.

PerfumeLive cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, WRITTEN MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY PERFUMELIVE ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES, INCLUDING ANY EXPRESS WARRANTIES, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OR ANY WARRANTIES AS TO THE COMPLETENESS OF THE SITE CONTENTS OR THAT EMAILS SENT FROM ULTA ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. THE FOREGOING DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES SHALL BE APPLICABLE ONLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW AND SHALL IN NO EVENT BE CONSTRUED TO BE BROADER THAN PERMITTED BY THE APPLICABLE LAW.

INDEMNIFICATION:

You agree to defend, indemnify, and hold Company, its parent company and affiliates and their respective employees, officers and directors harmless from and against any and all claims, damages, losses, liabilities, costs and obligations (including attorneys’ fees) arising out of

(a) your use of the Website;

(b) your breach or alleged breach of these Terms;

(c) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders in connection with your use of the Website; and

(d) any misrepresentation made by you. This indemnification obligation survives termination of these Terms and your use of the Website.

THIRD PARTY CONTENT AND THIRD PARTY SITES:

We also like to interact with you on third party sites where we post content or invite your feedback, such as Facebook.com, Twitter.com, Instagram.com, Pininterest.com, Yourtube.com ("Third Party Sites"). PerfumeLive may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. PerfumeLive does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between PerfumeLive and such third party. PerfumeLive does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. PerfumeLive is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to PerfumeLive through the Community, do not necessarily reflect the views of PerfumeLive.

MOBILE SERVICES:

If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.

The following section applies to users of PerfumeLive's mobile application (the "Application"): The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates, from PerfumeLive, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.

The Application may not work with all devices or all mobile carriers. PerfumeLive makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), to which you will be required to agree prior to your use of such services.

COPYRIGHT CLAIMS:

Company will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”). If you own a copyright in a work (or represent such a copyright owner) and believe that the copyright in that work has been infringed on the Website, please send us a written notice that includes all of the following:

(a) a description of the copyrighted work that you claim has been infringed;

(b) a description of where the material that you claim is infringed is located on the Site (please include the URL of the Website on which the material appears);

(c) your full name, address, telephone number, and e-mail address;

(d) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or authorized to act on the behalf of the owner); and

(f) your electronic or physical signature.

We will only respond to DMCA Notices received by mail of e-mail at the address: customerservice@PerfumeLive.com

APPLICABLE LAW:

This site is created and controlled by Perfume Live in the State of New Jersey, U.S.A. As such, the laws of the State of New Jersey will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Perfume Live reserves the right to make changes to its Web site and these disclaimers, terms and conditions at any time.

DISPUTE RESOLUTION:

If a dispute should arise between you and PerfumeLive, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by an email to customerservice@PerfumeLive.com.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND PERFUMELIVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

GENERAL:

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its internal law governing conflict of laws. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the State and Federal courts located in New Jersey. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a waiver of any other term, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

SEVERABILITY:

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by PerfumeLive, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.

WAIVER:

The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.

RESERVATION OF RIGHTS:

PerfumeLive reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of the Sites. PerfumeLive may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of PerfumeLive (and its employees), its users and the public.

ENTIRE AGREEMENT:

This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between PerfumeLive and Customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by PerfumeLive without need of further notice and shall not be part of this Agreement or in any way binding upon PerfumeLive.