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
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.
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 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.
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.