TERMS & CONDITIONS
last updated April 7, 2016
changes to the terms
We may update or alter these Terms at any time or from time to time, by posting the revised version on the Site, although we are not undertaking or promising to do so. Your use of the Site after a revision will constitute your acceptance of the revised terms and the revisions will apply to you after the "last updated" date, which is posted at the top of this page. Therefore, you should check these terms occasionally in the event that they have changed. We assume no responsibility to you if you fail to do check for revisions to our Terms and we do not assume any liability if you take any action or refrain to take any action without first checking these Terms. No change or alteration in these rules shall be deemed in any instance or instances to be an admission that there is or ever was anything wrong with these rules.
Terms & Conditions Overview
This section provides an overview and directory to our terms and conditions, which describe the rules you agree to when using our Site. By clicking on the hyperlink associated with a topic, you will be able to read the full provision. Please make sure you have read, understand and agree to these Terms.
We attempt to be as accurate as possible when describing our products on the Site. However, to the extent permitted by applicable law, we do not guarantee that the product descriptions, colors, sizes, prices or other content available on the Site are accurate, complete, reliable, current, or error-free.
All material and information presented by Scentbird is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration. 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. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site 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. Scentbird does not give or intend to give any answers to medical related questions and this Site does not replace any medical professional or medical resource. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
The products available on the Site, including any samples Scentbird may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Scentbird. Unless otherwise prohibited by law, we reserve the right to change or substitute any products offered for sale on the Site, and the prices or descriptions of any products, at any time without any notice or liability to you or any other person. We reserve the right to limit quantities of products sold or made available for sale on the Site and to decline any purchase. The Site content and products available on the Site may be out of date or differ slightly from the actual products.
The Site is provided for the personal use of persons over 13 years old or older who are US residents. Registration and product sales are for persons who are 18 years old or older. If you are 13 - 17 years old, by browsing the Site you confirm that you have the permission of a parent or guardian to do so.
You agree that the Site and its content, including without limitation any patents, copyrights, trademarks, inventions or any other intellectual property rights, are owned by Scentbird Inc., or our affiliates, partners or licensors.
Copyrights: All content available on the site, including but not limited to text, graphics, logos, buttons, icons, images, audio, video, data compilations and software, and the compilation thereof, and the look and feel of the site, is the copyright and property of Scentbird Inc. our affiliates, partners or licensors, and is protected by United States and international copyright laws.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress displayed on the Site are the registered and unregistered marks of Scentbird our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.
Except as set forth in the limited license section below, or as required under applicable law, neither the copyrights, trademarks, other intellectual property nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license prohibits and does not permit you to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify, download, reverse engineer or decompile the Site or content (except caching or as necessary to view the Site); (iii) make any use of the Site or content other than personal use; (iv) create any derivative work based upon the Site or content; (v) collect another's account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the trademarks or to otherwise use the trademarks; (vi) use software, automated devices, robots, spiders, crawlers, scripts or similar data gathering and extraction tools or otherwise collect and/or use any product listings, descriptions, price or similar information; or (vii) take any other action that may impose an unreasonable burden or load on our infrastructure or interfere with the operation of the Site or that may adversely affect performance of the Site or restrict any other user or Scentbird from using or enjoying the communication services or the Site.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of http://www.scentbird.com for personal, non-commercial use only. A third party Site that links to scentbird.com (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such Site or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial or damaging to the goodwill associated with our name and trademarks, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services or opinions; (vi) may not use our name or trademarks other than in identifying the link; scentbird.com and (viii) must display scentbird.com on full-screen and not within a "frame" on the linking Site. we may, in our sole discretion, request that you remove any link to scentbird.com, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law or these terms. Immediately upon any such termination you shall remove any hyperlink to the Site.
From time to time, Scentbird may offer certain special promotions, features, or events (such as contests, sweepstakes or other offerings) (collectively, "Promotions"). These Promotions may be subject to additional terms in addition to or in lieu of these Terms and may be offered by us or by third parties. We will disclose details for such Promotions (such as eligibility requirements, dates of availability, contents of the Promotion, etc.) when offered, and if you choose to take advantage of any Promotion, you agree that your participation will be subject to such additional terms or other guidelines, rules, and/or policies.
The following applies to all promotions, but if different from these terms, the Promotion details on the Site will control: (1) Dates of availability are assumed to be from 12:00:01 am eastern on the start date through 11:59:59 pm eastern on the end date. All times are eastern time zone. Daylight savings is in effect when applicable. (2) An eligible purchase must be completed on scentbird.com during the dates of availability as specified. Purchases prior to or after the dates of availability are not be eligible. (3) Promotions are only available while supplies last. A promotion may expire early due to limited quantities on gift with purchase items. (4) All requirements of the promotion as specified must be met in order to successfully redeem a promotion. This may include, but is not limited to; purchasing a specific product, making a purchase for a specific dollar amount, being signed in as a registered member, or having specific information in your membership account. (5) A promotion may not be compatible or used with other promotions on the same order. (6) Promotional offer has no cash value and cannot be resold or transferred. (7) Scentbird reserves the right to cancel, suspend or modify part or all of any promotional offer at any time without notice, for any reason in its sole discretion. (8) Returns must include any promotional gift(s) to qualify for full refund. Partial returns must include any promotional gift(s) to quality for a partial refund if the unreturned portion of the order fails to meet the original requirements to qualify for the promotional gift. Promotional gifts may not be exchanged.
You may choose to create an account on the Site by registering with us or using third-party sign on services (e.g. Facebook Connect). If you use a third-party sign on service, you expressly authorize Scentbird to access your account information maintained by identified third-party data service providers, on your behalf in connection with your use of the Site. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw approval of, your registration at any time for any reason. In registering an account, you agree to provide, maintain and update information that is true, accurate, current and complete about yourself.
When you register an account, you will select a email address/username and password to be used to access your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account, username and/or password. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these terms or if we decide, in our sole discretion, that it would be in our best interests to do so.
The products and subscription available on the Site can only be delivered within the United States. We do not deliver to any other country. Make sure to provide us with the correct shipping information and to update shipping information if you move.
(c) Cancellation. IF YOU WISH TO CANCEL YOUR AUTOMATIC SUBSCRIPTION RENEWAL, YOU MAY DO SO BY visiting your Account Settings Page and clicking on "Request cancellation" Or by emailing us. Scentbird will make reasonable efforts to process cancellation requests within seven business days from the receipt of the cancellation request. If you cancel, you may use your Subscription until the end of your then-current subscription term which has been paid in full.
(a) Subscription Returns. There are no returns for products shipped according to a Subscription. If your Subscription is for a three, six, or twelve month period, you can change your preferences for the next shipment provided that your changes are made no later than the first of the month. Some Subscriptions may qualify for a product swap, which will allow you to exchange a product for a different product. Details on product swap will be provided during the sign-up process for eligible Subscriptions.
(b) Subscription Cancellation. If you cancel your Subscription, you will not be eligible for a refund of any kind for the portion of the Subscription fee paid, however you will be entitled to receive shipments until the end of your then-current Subscription term which has been paid in full. There are no refunds for gift subscriptions. Renewal Subscriptions are eligible for a full refund if the refund request is received by Scentbird within 30 days of your first automatic renewal payment.
(c) extra items. We also offer additional products for sale on Scentbird.com (such as extra cases). Unfortunately, we don't offer refunds or returns on these items.
You can purchase a subscription as a gift for someone ("Gift Subscription) by selecting either a three, six or twelve month subscription period and prepaying the entire subscription fee at check out. For Gift Subscriptions, the subscription will not be renewed after the then-current term you purchased expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.
Please enjoy your gift subscription- someone thinks you're pretty great. Sorry, we do not offer refunds for any gift subscriptions.
All of the products available on the Site are genuine designer fragrances and beauty products. Our Site has absolutely NO imitations or knock-offs. HOWEVER, WE ARE NOT ASSOCIATED WITH THE DESIGNER OR THE DESIGNER'S PERFUME MANUFACTURER IN ANY WAY AND HAVE NO AGREEMENT OR ARRANGEMENT WITH THEM AUTHORIZING US TO REPACKAGE THE PERFUME.
If you invite friends to Scentbird using our referral process you will be eligible for free subscription periods. You will receive one free month of perfume for every 3 friends that subscribe using your unique link. The credit will automatically be applied to your next shipment once the threshold (3 subscriptions) has been reached. Please note you must have an active account in order to be eligible for your referral program. Continue to invite friends to get even more free perfumes.
The Site may contain links to websites or other online locations operated by other parties. We provide these links as a convenience, and use of these websites or other online locations is at your own risk. The linked websites or other online locations are not under the control of Scentbird, and we are not responsible for the content available on the other websites or other online locations. These links do not imply Scentbird's endorsement of information or material on any other website or online location and Scentbird disclaims all liability with regard to your access to and use of the links or linked websites or other online locations or content. You should carefully review the terms and conditions and privacy policies of all linked websites or other online locations that you visit.
The Site may contain areas for you to post reviews, share your story, submit comments and other content, including photographs, and message or communication facilities to enable you to communicate with other users the Site and Scentbird (collectively "User Content"). You retain all rights in, and are solely responsible for your User Content. You acknowledge that your User Content may become available to others on the Site and elsewhere. You agree to post only User Content that you have the right to use or authorize others to use, and that is appropriate for general audiences and not confidential or private or harmful to others.
In addition to your obligations stated elsewhere in these terms, you also agree that the following actions are prohibited and a material breach of these terms. By way of example and not limitation, you agree that you will not:
(1) aggregate, copy, duplicate, publish or make available any content to third parties outside the Site in any manner;
(2) defame, abuse, harass, stalk, threaten or otherwise violate the privacy or publicity rights of others, or impersonate anyone else or misrepresent your identity or affiliation;
(3) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, offensive, infringing, obscene, indecent or unlawful topic, name, material, content or information;
(4) upload or download files that contain any content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions;
(5) upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(6) use the Site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, multi-level marketing schemes, chain letters, or similar forms of unauthorized advertising or solicitation, or hack or violate any security measures;
(7) falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or
(8) engage in any other action that, in our reasonable judgment, exposes us or any third party to potential liability or detriment of any type.
You grant Scentbird and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display your User Content in any form throughout the world in any media whether now known or hereafter developed, alone or as part of other works. You further grant Scentbird and our affiliates the right to use the name that you submit in connection with such content in our sole discretion. You represent and warrant that you own or otherwise control all rights to the User Content that you post, that the User Content is accurate, that use of the User Content does not violate these terms and will not cause injury to any person or entity. You waive the opportunity to inspect or approve such use, and any obligation to identify you in connection with a submission or User Content. You agree to indemnify Scentbird, its subsidiaries, affiliates, partners or licensors, and their respective officers, agents, partners and employees, against any loss, liability, claim, or demand, including attorneys' fees, relating to User Content you supply to the Site. It is our policy to decline any unsolicited suggestions or ideas. In addition to the foregoing regarding submissions, any unsolicited suggestions or ideas will be treated as non-proprietary and non-confidential and will not be returned. We may use any intellectual property or other rights in any submission for any purpose, including, without limitation, for developing, manufacturing, distributing and marketing new products.
Scentbird may, but is under no obligation to, monitor and edit or remove any activity or content at its sole discretion. We take no responsibility and assume no liability for any content posted by you or any third party. Scentbird does not necessarily endorse any opinion or statement contained in any submission or User Content.
We may, in our sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent a notice containing the following information:
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located on the website (providing url(s) in the body of an email is the best way to help us locate content quickly);
(4) your name, address, telephone number, and email address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached by sending an email to: firstname.lastname@example.org.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT OUTLINES CERTAIN RIGHTS THAT YOU ARE WAIVING OR LIMITING BY USING OUR SITE AND PURCHASING OUR PRODUCTS. REMEMBER, THAT YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS, INCLUDING THE DISPUTE RESOLUTION PROCESS.
THIS SECTION WAIVES THE FOLLOWING RIGHTS THAT YOU MIGHT OTHERWISE HAVE:
- The right to maintain a court action,
- The right to a jury trial, and
- The right to participate in any form of class or representative claim.
THIS SECTION ALSO LIMITS CERTAIN OTHER RIGHTS YOU MIGHT OTHERWISE HAVE INCLUDING:
- The right to engage in discovery except as provided in arbitration proceedings under the rules of the American Association of Arbitration ("AAA"),
- The dispute will be governed by New York Law, and will take place in New York, and
- The right to certain remedies and forms of relief that you or we would have in Court, but not in Arbitration.
You agree to bring any dispute related to these Terms, your use of the Site, our products, or services in arbitration on an individual basis and that no claim arising out of these Terms your use of the Site, our products, or services may be brought as a class action, and no arbitration under these terms shall be joined with an arbitration involving any other party under these terms, whether through class arbitration proceedings or otherwise. If for any reason a claims proceeds in court and not in arbitration, we each agree to waive any right to participate in a class action against each other and the right to a jury trial. The Site resides on servers located in, and is controlled in, the United States and is directed to individuals residing in the United States. Those who choose to access the Site from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent applicable. Access to the Site is prohibited from jurisdictions where the Site or content is illegal or penalized. Scentbird reserves the right to limit the availability of the Site and content to any person or jurisdiction in its sole discretion.
The Site and all content on the Site is provided to you on an "as is, as available" basis without warranty of any kind. We make no representations or warranties that use of the Site will be uninterrupted or error free, or as to any results that may be obtained by use of the Site. To the extent permitted by applicable law, we expressly disclaim all warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty as to the accuracy, completeness, reliability or availability of the Site or any content available through the Site. You expressly agree that your use of the Site is at your sole risk.
Except for instances of gross negligence, intentional wrongdoing, willful misconduct, or where we have a legal obligation to you, under no circumstances shall we or our affiliates, partners or licensors be liable to you or any other person for any indirect, incidental, consequential, or punitive damages arising out of or relating to these terms, or access to or use of the site or its content, purchase you make, user content or submissions to the site, whether such claim or action is based in tort, contract, negligence, strict liability statutory liability or otherwise and even if Scentbird has been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the site and terminate these terms. These limited remedies shall apply notwithstanding any failure of their essential purpose. Certain state laws, including the laws of the State of New Jersey, do not allow limitations on implied warranties or the exclusive or limitation of certain damages as set forth in this Section 19, so these limitations and exclusions apply to you only to the extent permitted by applicable law. If it is finally determined by a Court of law or an arbitrator that our limitation of liability set forth in this Section 19 does not apply to you, thenyou agree that our total liability in the aggregate for any claims made by you or any third party on your behalf shall not exceed 100 hundred dollars ($100.00) or the total amount of your last Scentbird purchase, whichever is greater.
You may terminate these terms by providing written notice to us. Upon such termination, you shall cease all use of the Site and we shall be permitted to delete your account and any and all information associated therewith.
We may, with or without prior notice, terminate any of the rights granted by these terms. you shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Pursuant to california civil code section 1789.3, California residents are entitled to the following specific consumer rights notice: The name, and address of the provider of this service is:
10 West 33 st #1030
New York, New York 10001
Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to email@example.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227.
Company and its service providers may use an automatic telephone dialing system ("autodialer") to deliver Company text messages to you. Company text messages are intended to provide you with information about upcoming deliveries and Company's goods and services (e.g., Company-sponsored events, recipes, coupons, promotions, product launches, sweepstakes, and contests).
The number of Company text messages that you receive will vary depending on how many of Company's text messaging programs for which you sign up to receive messages. You will receive a maximum of five messages per month per Company text messaging program.
Message and data rates may apply to each text message sent or received in connection with Company text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Company does not impose a separate fee for sending Company text messages.
Supported carriers may change from time to time, but currently include AT&T, T-Mobile, Verizon Wireless, Sprint, Nextel, Boost, Alltel, US Cellular, and Cellular One, among others.
How to Opt-In
To opt-in to receive text messages from a Company text messaging program(s), please follow the instructions on the Company's specific web pages.
How to Opt-Out
To stop receiving text messages from a specific Company text messaging program, text STOP to the short code for the text messaging program from which you no longer wish to receive message (i.e., the number from which its text messages are being sent). You will then receive confirmation of your opt-out of that text messaging program. This will only opt you out of the specific text messaging program associated with that short code. You will remain opted in to other Company text messaging programs.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Company immediately if you change your mobile telephone number. You may notify Company of a number change by submitting a "contact us" form on the website associated with the specific text messaging program you opted into.You agree to indemnify Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act ("TCPA").
Access or Delivery to Mobile Network is Not Guaranteed
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Company's control, and Company is not responsible or liable for issues arising from them.
To request more information, text HELP to the short code for the text messaging program about which you have questions (i.e., the number from which its text messages are being sent). You may also receive help by submitting a "contact us" form on the website associated with the specific text messaging program you opted into.
To receive Company text messages, you must be a resident of the United States and 18 years of age or older. Company reserves the right to require you to prove that you are at least 18 years of age.
Changes to Terms and Conditions
Company may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Company's website. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Company text messages will indicate your acceptance of those changes.
Termination of Text Messaging
Company may suspend or terminate your receipt of Company text messages if Company believes you are in breach of these SMS Terms and Conditions. Your receipt of Company text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company text messages, with or without notice.
Communications and Consent to Electronic Notices
You may communicate with Company via postal mail, e-mail, telephone, and our website. Company may issue notices via these various channels, including by sending e-mail to an address you provide. You agree that such notices shall have legal effect.You also agree that notices sent by e-mail satisfy any requirement that notices be provided in writing. If you do not agree, do not use Company products or services.You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, Company will provide you with paper copies upon request. You may make such a request via any of the channels listed above. If you withdraw your consent, Company reserves the right to terminate your use of Company's products or services.To receive, access, and retain the notices that Company sends via e-mail, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you are able to receive, access, and retain the notices that Company may send. You may update your contact information through the "contact us" form on the website associated with the specific text messaging program you opted into.
If you have any questions regarding these terms and conditions, please contact us at firstname.lastname@example.org