Terms Of Use

TERMS OF USE

Last updated: March 16, 2015

 

Welcome to the Perfumania.com website (“Website”).  This Website is owned and operated by Perfumania.com, Inc. (“Company”).  These terms of use apply to your use of the services offered on the Website, as well as all content featured on the Website (“Terms”).  Please read these Terms carefully, as your use of the Website constitutes your agreement to follow and be bound by these Terms and our Privacy Policy, which can be found here (Privacy Policy). These Terms apply regardless of the device you use to access the Website. If you do not agree to these Terms and our Privacy Policy, please do not use the Website.

 

Updates

We reserve the right to update these Terms at any time, without notice and in our sole discretion.  The new Terms will be effective once posted on the Website. We encourage you to check for updates to the Terms each time you visit the Website. 

 

Product and Pricing Information

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 colors as accurately as possible, however, we cannot guarantee the display of any such color on your particular computer monitor or device will be accurate. All prices are in US dollars.

 

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.  The price of products listed on the Website may not reflect the price for the same products offered for sale in Perfumania retail stores. This is due to several factors, including but not limited to the difference in overhead costs for online sales vs. sales in brick and mortar stores.  Your purchases may be subject to governmental taxes.

 

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.  

Notwithstanding the above, Company is not responsible or liable for any material on the Website related to Perfumania, Inc. This includes the “store locator” feature, which is a paid advertisement by Perfumania, Inc.

 

Use of the Website

Subject to your compliance with these Terms, we grant you permission to download, display, view, use, and/or print sections of the Website for your personal, non-commercial use only.  Any other use is strictly prohibited without prior approval from Company.

 

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.

 

Links to Other Websites

Links on our Website are provided solely for your convenience. The Company has not reviewed all of these third-party websites and is not responsible for these websites or their content or availability. The Company does not endorse or make any representations about these other websites.  If you decide to access any of the links found on our Website, you do so entirely at your own risk.

 

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. 

 

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.

 

Disclaimer

YOU USE THE WEBSITE AT YOUR SOLE RISK.  THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS.  TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, OR FREEDOM FROM COMPUTER VIRUS.  COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE OPERATION OF THE WEBSITE OR THE ACCURACY OF THE CONTENT DISPLAYED ON THE WEBSITE.

 

Limitation 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.

 

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.

 

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 below:

 

Mail:    Perfumania.com, Inc.

            35 Sawgrass Drive, Suite 2

Bellport, NY 11733

(Attn: Legal Department)

Email: abuse@perfumania.com

 

Termination

We reserve the right to terminate your use of the Website at any time, without notice and in our sole discretion.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

 

General

These Terms shall be governed by and construed in accordance with the laws of the State of New York, 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 York, New York.  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.

 

Perfumania.com and Perfumania, Inc. are separate subsidiary companies of Perfumania Holdings Inc., a publicly owned company traded on NASDAQ under the PERF symbol.