Access and use of this World Wide Web site (the "Scents & Feel inc. Site") is provided subject to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. These terms and conditions effective as of: September 30th, 2008 Scents & Feel inc., Inc. ("Scents & Feel inc.") reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. We suggest that you check these terms periodically for changes. The terms can be accessed from the link at the bottom of our website pages. If you use this website after we post changes to the terms, you accept the changed terms.
I. Your Permission to Use the Scents & Feel inc. Site Subject to these terms and conditions, you may view the Scents & Feel inc. Web Site and the artwork, text, video, audio, images, software and data compilations (the “Content”) on the Scents & Feel inc. Site, and, to the extent permitted by the Scents & Feel inc. Site, may download and make limited printouts of the Content of the Scents & Feel inc. Site only for your personal use. You must include any copyright notice originally included with the Content in all printouts and copies that you make of the Content. Your permission is limited in a number of ways. You may not use the Scents & Feel inc. Site or any Content available on the Scents & Feel inc. Site for any commercial purpose. You may not redistribute, retransmit, publish or republish any Content without written permission from Scents & Feel inc. or our licensors. Other restrictions are described in Section III below and elsewhere in these terms and conditions. Your permission to use and access the Scents & Feel inc. Site will terminate immediately, without any further action by Scents & Feel inc., if you violate any of these terms or conditions.
II. Intellectual Property Rights in the Scents & Feel inc. Site and its Content All Content included on the Scents & Feel inc. Site is the property of Scents & Feel inc. or its licensors and is protected by United States and international copyright laws. The compilation of all Content on the Scents & Feel inc. Site is the exclusive property of Scents & Feel inc.. All rights reserved. You may not modify or use the Content for any other purpose without the express written permission of Scents & Feel inc., Inc. (“Scents & Feel inc.”). Except as provided above, you may not reproduce, republish, transmit, broadcast or distribute any Content on the Scents & Feel inc. Site without the express written consent of Scents & Feel inc.. The trademarks Scents & Feel inc. and Clickspot™ and the logos and other proprietary marks of Scents & Feel inc., Inc. or its affiliated companies, licensors and partners are trademarks of Scents & Feel inc. or its affiliated companies, licensors and partners. All rights reserved. No right, title, or interest in those marks is granted to you in this Agreement. If you download software from the Scents & Feel inc. Site, the software - including any files, images incorporated in or generated by the software, and data accompanying the software - is licensed to you by Scents & Feel inc. for your personal use. You will be asked to agree to the terms of an end user license agreement before downloading any software from the Scents & Feel inc. Site. Scents & Feel inc. does not transfer title to the software that you download to you. You may own the medium on which the software is recorded, but Scents & Feel inc. retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software that you download from the Scents & Feel inc. Site to any other form whatsoever.
IV. Limited Linking License for Other Sites and Other Uses Commercial and other websites may include a link to the Scents & Feel inc. website (www.scentsandfeel.com), so long as any such link satisfies all six (6) of the following requirements: 1. Resolves to the Scents & Feel inc. homepage at www.scentsandfeel.com. 2. Indicates clearly that the link will lead to the website of "Scents & Feel inc., Inc.." 3. Does not falsely represent or suggest any relationship between the linking site and Scents & Feel inc. (including suggestions of affiliation, endorsement, or sponsorship). 4. Delivers Scents & Feel inc. content outside of a framed or in-line linked environment. 5. Maintains the integrity of the Scents & Feel inc. layout, content, and look and feel. 6. Delivers users to the Scents & Feel inc. website, unaltered, unmodified, unadulterated in any way by the linking site. A site that complies with all six (6) of the above requirements may also offer a link to other content within the Scents & Feel inc. website, so long as any such link also meets requirements two through six (2–6) above. This limited license expressly prohibits the framing of Scents & Feel inc. content in any way or any other activity, specifically including but not limited to referencing "Scents & Feel inc., Inc." as a metatag, that may create a misimpression or confusion among users with respect to sponsorship or affiliation.
V. Disclaimer of Warranties THE SCENTS & FEEL INC. SITE AND THE MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. SCENTS & FEEL INC. EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Scents & Feel inc. will have absolutely no liability in connection with the Scents & Feel inc. Site and its contents including without limitation, any liability for damage to your computer hardware, data, information, or business resulting from the Content, services and information available on the Scents & Feel inc. Site. Without limiting the generality of the foregoing, Scents & Feel inc. will have no liability for: 1. Any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling or delivering the Scents & Feel inc. Site or its Content, services and information; 2. Any errors, omissions or inaccuracies in the Content, services, information on the Scents & Feel inc. Site regardless of how caused or delays or interruptions in delivery of such Content, services and information; or 3. any decision made or action taken or not taken in reliance upon the Content, services and information on the Scents & Feel inc. Site. Scents & Feel inc. makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Content or that the Content may be relied upon for any reason. Scents & Feel inc. makes no warranty, representation or guaranty that the Content will be uninterrupted or error free or that any defects can be corrected. Scents & Feel inc. reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Scents & Feel inc. Site, or any portion of the Scents & Feel inc. Site, for any reason.
VI. Limitation of Liability Under no circumstances will Scents & Feel inc. be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Scents & Feel inc. Site or the services, information or Content contained on it. Scents & Feel inc. is not liable under any circumstances—including but not limited to negligence—for any special or consequential damages that may result from the use of, or the inability to use, the Scents & Feel inc. Site or any Content, services or information contained on it, even if Scents & Feel inc. or a Scents & Feel inc.-authorized representative has been advised of the possibility of such damages. Scents & Feel inc. and its affiliates are not liable for damages or injury, including but not limited to damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of the Scents & Feel inc. Site or any Content, services or information contained on it, whether resulting, in whole or in part, from breach of contract, tortuous behavior, negligence, or otherwise. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you. In no event will Scents & Feel inc. be total liability to you for damages, losses, and causes of action—whether in contract, tort (including, but not limited to, negligence), or otherwise—exceed the amount paid by you, if any, for accessing the Scents & Feel inc. Site.
VII. Third Party Web Sites Scents & Feel inc. is in no way responsible for the content of any site owned by a third party that may be linked to the Scents & Feel inc. Site via hyperlink, whether such hyperlink is provided by Scents & Feel inc. or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Scents & Feel inc. Site may link, including information on the site regarding the Scents & Feel inc. Site, and Scents & Feel inc. takes no responsibility therefore. By providing access to other websites, neither Scents & Feel inc. nor its affiliates is recommending the purchase or sale of the stock issued by any company, nor is it endorsing products or services offered by any website's sponsoring organization.
IX. Jurisdictional Issues and Applicable Law Unless otherwise specified, Scents & Feel inc. controls and operates this site from our offices within The State of New York, United States of America. Scents & Feel inc. does not claim that materials in this site are appropriate or available for use in locations other than New York. If you choose to access this site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws. Software from this site is further subject to United States export controls. Software from this site may not be downloaded or otherwise exported or re-exported to certain countries. In particular, but without limitation, the Licensed Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By downloading and using software from the Scents & Feel inc. Site, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. The laws of The State of New York govern these terms. If you take legal action relating to these terms, you agree to file such action only in the Superior Court of New York, New York and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
X. Miscellaneous If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions. The preceding terms and conditions of use represent the entire agreement between Scents & Feel inc. and the user relating to the subject matter herein. For purposes of Sections V and VI above (Disclaimer of Warranties and Limitations of Liability), "Scents & Feel inc." will include Scents & Feel inc., Inc., and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.