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PINROSE WEBSITE TERMS OF USE AND CONDITIONS

Last Updated: October 5, 2016

Pinrose, Inc. ("Pinrose", "we," or "us") operates the website located at www.pinrose.com (the "Site"). The following terms and conditions (the “Terms of Use”) govern your use of the Site and our fragrance customization services accessible via our Site. Please read these Terms of Use carefully. By using our Services (defined below), you agree to these Terms of Use as well as any other terms, guidelines or rules that apply to any portion of this Site or our Services, without limitation or qualification. If you do not agree to these Terms of Use, do not use the Services.  If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.  To make these Terms of Use easier to read, the Site and our services are collectively called the “Services.”     

Privacy

We have adopted a Privacy Policy that you should refer to in order to fully understand what information we collect, use and disclose information from our users.

Accounts, Forms, Registrations and Passwords

Eligibility

This Site is designed for and intended for use by adults who are 18 years or older and capable of forming a binding contract with us and are not barred from using the Services under applicable law.  If you are under 18 years old, you may use this Site and/or Services only with the involvement of a parent or guardian. Such parent or guardian must provide his/her information on your behalf, especially in the case of purchasing any products from our Site, and must monitor and supervise the use of this Site by you. If you are under 18 years old, your parent or guardian agrees to be fully responsible for your use of this Site.    

Registration and Your Information

If you want to use certain features of the Services, you’ll have to create an account (“Account”). You can do this via the Site or through your account with certain third-party social networking services such as Facebook (an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

If you create an Account, you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer.  You agree that you will not disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. If you create an Account, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms, as well as keeping such information accurate, complete and up-to-date.  You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. If you do not, Pinrose might have to suspend or terminate your Account.  Pinrose is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control or Pinrose.  You are responsible for all activities that occur under your Account, whether or not you know about them. 

You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password.  You agree to notify Pinrose immediately of any unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge and agree that Pinrose, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of the Services at any time without notice to you. Pinrose cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.

Electronic Communications

When you visit the Site, or send us e-mails, you are communicating with us electronically.  In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. If you do not wish to receive such communications from us, you can choose to “unsubscribe” through the hyperlink shown in our e-mail communications. 

Content and Content Rights

For purposes of these Terms of Use: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content a user provides to be made available through the Services.  For example, “User Content” may include, but is not limited to comments made to bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. User Content also includes any text, graphics, images, or other content made available to Pinrose for the customization of any products made available on the Site.  Content includes without limitation User Content.

Content Ownership, Responsibility and Removal

Pinrose does not claim any ownership rights in any User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit your User Content.  Subject to the foregoing, Pinrose and certain third-party content providers exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights.  You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.  Any trademarks or logos used on the Site or Services belong to the owner of the trademark or logo in question and Pinrose claims no rights therein.   Pinrose and its Services, are not associated or affiliated with, or sponsored by or endorsed by, the owners of the trademarks or brands. 

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to Pinrose a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, disclose, transmit, publish, broadcast, post, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Pinrose on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Pinrose

Subject to your compliance with these Terms, Pinrose grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at nosey@pinrose.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.  Furthermore, you agree that Pinrose is free to use and consequently you grant Pinrose similar permissions to use, copy, modify, create derivative works based upon and otherwise exploit any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose.   

User Content Dissemination

You acknowledge that any User Content you provide may be read by others without your knowledge. You should always use caution when providing any personal information about yourself or your children via the Services. Pinrose does not control or endorse any User Content and specifically disclaims any liability with regard to same and any actions in connection with any User Content you may post. To the extent we have moderators, forum managers or hosts in connection with your User Content, none are authorized Company spokespersons, and their views do not necessarily reflect those of Pinrose. Any User Content will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy.

General Prohibitions 

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  • Resell or make any commercial use of our Services or Content;
  • Use, display, mirror or frame the Services or any individual element within the Services, our name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
  • Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services or Content;
  • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing our trademarks, logos URL or product name without our express written consent;
  • Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Monitoring

Pinrose has no obligation to monitor the Services or Content or any portion thereof. However, we reserve the right to review any Content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice to you. Pinrose has no obligation to display or post any Content.

Digital Millennium Copyright Act

Pinrose expects all users to respect the intellectual property rights of others. Pinrose may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. Please see our Copyright and IP Policy by emailing nosey@pinrose.com for further information.  

Risk of Loss

All products purchased in connection with the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For our returns and exchanges policy, see https://www.pinrose.com/returns. For our pricing policy and payment terms, email nosey@pinrose.com.

Links to Other Websites

Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites or resources accessible in connection with our Services.  You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party website or resources.  

DISCLAIMER

ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS AND SERVICES, AND ANY PRODUCTS YOU PURCHASE VIA THE SERVICES, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINROSE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, PRODUCTS AND SERVICES, WHETHER PROVIDED OR OWNED BY PINROSE OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, PINROSE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES AND CONTENT IS ACCURATE, COMPLETE, OR CURRENT.  PINROSE MAKES NO WARRANTY THAT THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PINROSE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY  INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT OR YOUR USE OF PRODUCTS PURCHASED VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PINROSE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE. SOME JURSIDICTIONS DON’T ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

In no event will OUR total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the ServiceS or content, OR ANY PRODUCTS YOU PURCHASE VIA THE SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID TO US PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR FIFTY DOLLARS ($50),IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PINROSE, AS APPLICABLE. 

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ARE FUNDAMENTAL ELEMNTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PINROSE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL CLAIMS, DISPUTES, DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF: (1) YOUR USE OR ACCESS TO THE SERVICES OR CONTENT; (2) YOUR USE OF ANY PRODUCTS YOU PURCHASE VIA THE SERVICES; (3) YOUR USER CONTENT; (4) ANY USE OF ANY PASSWORD CHOSEN BY OR ISSUED TO YOU; OR (5) ANY VIOLATION BY YOU OF: (A) THESE TERMS OF USE; (B) ANY OTHER TERMS, GUIDELINES OR RULES APPLICABLE TO THE SERVICES; (C) ANY RIGHTS OF ANY OTHER PERSON OR ENTITY; OR (D) ANY APPLICABLE LAWS, RULES, OR REGULATIONS.

Termination

Notwithstanding the Terms of Use, we reserve the right, without notice or liability to you, and in our sole discretion, to terminate your permission to use this Site and our Services, and to block or prevent future access to and use of this Site and our Services for any reason or no reason. Upon termination, all provisions which by their nature should survive will survive, including, without limitations, ownership provisions warranty disclaimers, limitations of liability and dispute resolution provisions.

Governing Law

These Terms of Use and any action related thereto shall be governed by the laws of the State of California. The provisions of these Terms of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent.

Arbitration

You and Pinrose agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Pinrose are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Pinrose otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Use.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Pinrose otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Pinrose submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Pinrose will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Pinrose will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “We Reserve the Right to Update and Revise these Terms of Use at Any Time” section below, if Pinrose changes this “Arbitration” section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice (including by email to nosey@pinrose.com) within 30 days of the date such change became effective, as indicated in the “Effective Date” date above or in the date of Pinrose’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Pinrose in accordance with the provisions of this “Arbitration” section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

Software

To the extent applicable, software provided in connection with our Services is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.   We Reserve the Right to Update and Revise these Terms of Use at Any Time

We reserve the right to update and revise these Terms of Use at any time, in our sole discretion. You will know if these Terms of Use have been revised since your last visit to the website by either referring to the "Effective Date of Current Policy" date at the top of this page or through other communications. Your use of our Site and Services constitutes your acceptance of the Terms of Use, as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms.  If you don’t agree to be bound by the modified Terms of Use, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. 

Severability

If any of the provisions in the Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null. We may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns. 

Notices

Any notices or other communications provided by us under these Terms of Use, including those regarding modifications to these Terms of Use, will be given: (i) via e-mail or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.  

Non-Waiver for Failure to Enforce

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.

Entire Agreement

These Terms of Use constitute the entire agreement between the user and Pinrose with respect to this Site and Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. Any rights not expressly granted herein are reserved.

Contact Information

If you have any questions about these Terms of Use or the Services, please contact us at nosey@pinrose.com1-844-239-1339 or at 2501 Bryant St., San Francisco, CA 94110.