Terms of Use
The www.fragrance.org website (the “Website”) is owned and operated by The Fragrance Foundation, Inc. (“The Fragrance Foundation”). By accessing and using the Website, you unconditionally agree to and accept the following Terms and Conditions of use (the “Terms and Conditions”). If you do not agree to these terms and conditions, please do not use this Website. The Fragrance Foundation may revise these terms and conditions from time to time in its sole discretion, without prior notification to you of such revision. If The Fragrance Foundation makes changes to these terms and conditions, it will post them here. If you use this Website after changes are posted, it means that you have agreed to the terms and conditions as changed.
Use of this Website
Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks in the U.S. and other countries of The Fragrance Foundation and our affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of The Fragrance Foundation or the written permission of such third party owner. All content included on this Website (including, without limitation, the trade mark of The Fragrance Foundation and all logos, graphics, audio clips, video clips, text, photos, designs, icons, images, data and software) is the exclusive property of The Fragrance Foundation and as such is protected by U.S. and international copyright, trade mark, unfair competition and other intellectual property laws. Any copyright or other intellectual property in this Website is owned by, or licensed to, The Fragrance Foundation.
[Unless particular materials are specifically restricted as noted on this Website, it is The Fragrance Foundation’s policy to allow limited reproduction and distribution of the materials posted on this Website as follows: You may copy, reproduce and distribute content from this Website provided that: (1) the particular article or section is reproduced in its entirety in its original form; you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark and other proprietary notices; (2) all copies include a statement that the material was reproduced from the Website with permission of The Fragrance Foundation; (3) all copies include the following notice “Copyright ©2013 The Fragrance Foundation. All Rights Reserved.”; (4) the copies are distributed only for educational or scientific purposes; and (5) the copies are distributed at no charge, or at most, at actual cost, and you do not receive any other form of compensation for the copies. Provided you comply with all of these conditions, The Fragrance Foundation grants you a non-exclusive, non-transferable license to use the materials on this Website in accordance with these Terms and Conditions.]1
Other than as specifically described above, it is absolutely prohibited for you to copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the content of this Website, without prior written authorization from The Fragrance Foundation. To request such permission, contact The Fragrance Foundation. In no event may The Fragrance Foundation trademarks, symbols, artwork or other visual or audio elements be reproduced separately from the textual content associated with them on this Website.
You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
International Access
This Website may be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States, you are responsible for complying with your local laws and regulations.
Security
This Website has security measures in place to protect against the loss, misuse, unauthorized use and alteration of the information under our control. However, your confidential use of this Website cannot be guaranteed by The Fragrance Foundation. The Fragrance Foundation shall not be responsible for any harm, loss, damage, liability, cost or expense (including attorneys’ fees) that you or any third party may suffer as the result of a breach of confidentiality with respect to information you transmitted to this Website.
Linking to this Website
Creating or maintaining any link from another website to any page on this Website without the prior written permission of The Fragrance Foundation is prohibited. Running or displaying this Website or any material displayed on this Website in frames or through similar means on another website without the prior written permission of The Fragrance Foundation is prohibited. Any permitted links to this Website must comply with these Terms and Conditions as well as all applicable laws, rule and regulations.
Posted Materials
The information and opinions expressed in materials posted by visitors on the chat areas, bulletin boards, lists or other venues that may from time to time be connected with this Website (collectively, “forums”) are not necessarily those of The Fragrance Foundation or its affiliates and The Fragrance Foundation makes no representations or warranties regarding such posted materials.
Users should be aware that our forums are public, not private communications. When you voluntarily disclose personal information on our forums, that information can be collected and used by others and may result in unsolicited messages from other people.
You shall not submit, upload or post to our forums any content which (1) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (2) infringes any intellectual property or other right of any third party, including but not limited to, violating anyone’s copyrights or trademarks; (3) falsifies or deletes author attributions, legal notices or other proprietary designations; (4) violates any law; (5) advocates illegal activity or could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law; (6) contains viruses, corrupted files, or other materials that may cause damage to another’s computer, or (7) advertises or otherwise solicits funds or sales of goods or services. By posting any content on our forums, you automatically agree to indemnify The Fragrance Foundation from and against any and all third party claims, demands, liabilities, costs or expenses, including attorneys’ fees, resulting from your breach of these posting restrictions.
In addition to any remedies that The Fragrance Foundation may have at law or in equity, if it reasonably determines that you have violated or are likely to violate the foregoing prohibitions, The Fragrance Foundation may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. The Fragrance Foundation will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing it to disclose the identity of anyone posting such materials.
By posting any content on our forums, you automatically grant to The Fragrance Foundation a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the posted content or incorporate the posted content into any form, medium, or technology now known or later developed for any purpose, including advertising and promotion, and you automatically waive all “moral rights” with respect to the posted content.
Outside Links
The Fragrance Foundation has not reviewed all of the sites linked to this Website and is not responsible for the privacy practices or the content of any off-Website pages or any other Websites linked to this Website, whether or not they are affiliated with The Fragrance Foundation. Such linked sites are for your convenience only and you access them at your own risk. The Fragrance Foundation makes no representations or warranties, whether express or implied, as to the accuracy or functioning of any such link. That another website is linked to this Website does not constitute endorsement by The Fragrance Foundation of the owner of the other site, the content of its site, or its products or services.
Limitations on The Fragrance Foundation’s Liability
The materials on this Website are provided solely for educational and promotional purposes. Your use and browsing of this Website is at your own risk. The materials could include technical or factual inaccuracies or other errors. They are provided to you “as is” without representation or warranty of any kind, either express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Fragrance Foundation does not warrant or make any representations, either express or implied, that the functions contained in Website materials will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. The Fragrance Foundation does not warrant or make any representations, either express or implied, regarding the use or the results of the use of the materials on this Website in terms of their correctness, accuracy, reliability, or otherwise. You (and not The Fragrance Foundation) assume the entire cost of all necessary servicing, repair or correction.
Under no circumstances, including, but not limited to, negligence, shall The Fragrance Foundation be liable for any special, indirect, punitive, incidental or consequential damages, losses, costs or expenses (including attorneys’ fees) (including, without limitation, those resulting from lost profits, lost data or business interruption) that result from the use of, or inability to use, the materials on this Website, whether based on warranty, contract, tort or any other legal theory and whether or not The Fragrance Foundation or a The Fragrance Foundation-authorized representative has been advised of the possibility of such damages losses, costs or expenses (including attorneys’ fees). In no event shall The Fragrance Foundation’s total liability to you for any damages, losses, costs or expenses and causes of action, including but not limited to negligence, willful misconduct, strict liability and fraud, arising out of our in connection with your use of this Website, exceed the lesser of (i) amount paid by you, if any, for accessing this Website or (ii) US $[100.00]2.
General Provisions
This site is operated under the supervision of The Fragrance Foundation from its offices within the state of New York. If you choose to access this Website from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from this Website in violation of United States export controls.
These terms shall be governed by and construed according to the laws of the state of New York, without regard to conflicts of laws principles thereof. Any claim or cause of action arising out of or relating to these terms shall be barred unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in New York, New York, and you consent to jurisdiction of such courts for the purpose of litigating such actions.
Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms.
The Fragrance Foundation reserves the right to (i) remove posted materials from our forums, and (ii) deny in its sole discretion any user access to this Website or our forums, in each case without notice and with or without reason.
This is the entire agreement between us relating to your use of this Website. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by The Fragrance Foundation.