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The Fragrance Shop Content Submission, Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE SUBMITTING CONTENT, INCLUDING AGREEING FOR PURE PERFUME, INC, (“The Fragrance Shop”, “we”, “us”) TO USE YOUR CONTENT. If you do not agree to these Terms, please do not submit your content. By submitting content, you signify your agreement to these Terms and Conditions (“Terms”) and other applicable law. YOU MUST BE AT LEAST 18 YEARS OF AGE TO SUBMIT CONTENT TO THE FRAGRANCE SHOP AND A RESIDENT OF THE UNITED STATES OF AMERICA

Submission of Content

Submitting your content includes providing The Fragrance Shop with your content, such as product reviews, comments, suggestions, ideas, or photographs, through such methods as downloading content directly to www.thefragranceshop.com (the “Website”) or through any other method of transmission or agreeing that The Fragrance Shop may use your content through providing agreement directly on any social media site (“User-generated Content” or “Content”). You may submit your Content so long as you own the Content and none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” The Fragrance Shop reserves the right (but not the obligation) to remove or edit any such content but may not regularly review posted content.

Your Content

All Content and any and all other information, content, or materials that you post on the Website, on The Fragrance Shop’s social media channels, that you send to The Fragrance Shop, or that you agree The Fragrance Shop can use directly from your own social media accounts, is collectively referred to as “User-Generated Content.” Do not post, send to The Fragrance Shop, or agree for The Fragrance Shop to use, any User-Generated Content that you do not intend to be subject to the User-Generated Content License described in this paragraph. If you post on the Website, on social media, send to The Fragrance Shop, or agree for The Fragrance Shop to use, any User-Generated Content, intentionally or unintentionally, The Fragrance Shop (and others as The Fragrance Shop may designate from time to time) shall have the unrestricted rights to the use the Content for any and all purposes whatsoever, including, without limitation, advertising, marketing, and promotional purposes, without any further permission from, or any payment to, you or anyone else. The Fragrance Shop and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to The Fragrance Shop a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, publish, display, distribute, copy, store, edit, modify, create derivative works based upon and otherwise use your User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised, including but not limited to The Fragrance Shop catalogs, websites, apps, catalogs, email, social media channels, advertising media, store materials, credit card marketing, and in other marketing opportunities for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You understand and agree that The Fragrance Shop cannot be responsible for the content posted on the Website by users and that your use of the Website is at your own risk. You agree to the User-Generated Content License whether or not your User-Generated Content is used by The Fragrance Shop.

You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post on the Website or on social media or send to The Fragrance Shop; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms and Conditions, our Privacy Policy, or the rights of any third party, and will not cause injury to anyone; and you shall indemnify, defend, and hold harmless The Fragrance Shop, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of, resulting from, or relating to any such User-Generated Content. The Fragrance Shop has the right (but no obligation) to monitor, edit, or remove any activity or content involving you. The Fragrance Shop has no responsibility, and assumes no liability, for any User-Generated Content posted or sent by you or by anyone else.

You agree that no confidential or fiduciary relationship is intended or created between you and The Fragrance Shop. To the extent that any so-called “moral rights,” “neighboring rights,” or similar or analogous rights apply to any User-Generated Content and are not exclusively owned by The Fragrance Shop, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.

Each time that you provide The Fragrance Shop with User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

Privacy

In addition, The Fragrance Shop appreciates the trust you place in us, and we are committed to respecting your privacy and the security of your personal information. Our Privacy Policy describes the information we collect and how we use it.

Indemnification

You shall indemnify, defend, and hold harmless The Fragrance Shop, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of, resulting from, or related to any violation of these Terms of Conditions by you or any other person providing Content.

Your submission of Content shall be governed in all respects by the laws of the state of North Carolina, U.S.A., without regard to choice of law provisions. Except for disputes for which only injunctive relief is sought, any disputes relating to these Terms of Use (which are not otherwise resolved by the parties) will be submitted to binding arbitration administered by JAMS in Carrboro, North Carolina in accordance with the then prevailing JAMS Streamlined Arbitration Rules and Procedures. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. In the event any disagreement relating to these Terms and Conditions results in litigation, you agree that jurisdiction over and venue in any such legal proceeding shall be solely in the state or federal courts located in North Carolina, and you hereby submit to the personal jurisdiction of such courts. Each party waives its right to a trial by jury for any disputes between the parties. Any cause of action or claim you may have with respect to your Content must be commenced within one (1) year after the claim or cause of action arises or be barred forever. The Fragrance Shop’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms and Conditions constitute the entire agreement between you and The Fragrance Shop with regard to your Content. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. The Fragrance Shop may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.

Content Guidelines

  • Your Content must be your original idea. Any Content MUST NOT copy or otherwise plagiarize from any source or have previously been published commercially or submitted in or won any sweepstakes or contest.
  • Your Content must not include third parties, including but not limited to minors, celebrities, and friends or their property, who have not expressly authorized you to display their image or likeness. If the Content contains an identifiable person other than the entrant who submitted the Content, by submitting the Content, the entrant represents and warrants that he/she has obtained the consent of such person(s) to the use of the Content as outlined in these Terms and Conditions.
  • Your Content must not contain material that violates or infringes any third party’s intellectual property, privacy or publicity rights. Without limiting the foregoing, Content submissions must not include third-party trademarks, logos, except those of The Fragrance Shop.
  • Your Content must not include mention or performance of any copyrighted media production including but not limited to books, articles, photographs, artwork, music, etc., or identifying descriptions of any media property.
  • Your Content must contain lawful and appropriate disclosures if you have any material connection with The Fragrance Shop or any other third party (such as if you receive payment or free product from the third party.)
  • Your Content must not contain material which is (or promote activities which are) in The Fragrance Shop’s sole discretion, hateful, slanderous, libelous, sexually explicit, obscene, pornographic, inappropriate, violent, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the entry is created in their application.