Terms and Conditions
You can found your favorite perfumes according your characteristics and also found your best friend's perfumes in any time by navigating to the "persona" page or press to "Get Start", answering the characteristic's questions, selecting your favorite scent and fill personal information about whom wearing perfume, now you can get the best of perfumes for your characteristics.
1. Your relationship with PerfumeData
1.1 Your use of PerfumeData’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by PerfumeData under a separate written agreement) is subject to the terms of a legal agreement between you and PerfumeData . “PerfumeData ” means Big data of perfumes, whose principal place of business is at Office 4, Floor 22, Star Tower, Abdallah Al-Mabarak St., Al Murqab, Kuwait City, Kuwait. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with PerfumeData, your agreement with PerfumeData will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with PerfumeData will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and PerfumeData in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms and conditions”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) Clicking to accept or agree to the Terms, where this option is made available to you by PerfumeData in the user interface for any Service; or
(B) By actually using the Services. In this case, you understand and agree that PerfumeData will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with PerfumeData , or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Copyright and trade mark policies
It is perfumedata's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the united states, the digital millennium copyright act) and to terminate the accounts of repeat infringers.
4. Provision of the Services by PerfumeData
4.1 PerfumeData is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which PerfumeData provides may change from time to time without prior notice to you.
4.2 As part of this continuing innovation, you acknowledge and agree that PerfumeData may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at PerfumeData's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform PerfumeData when you stop using the Services.
4.3 You acknowledge and agree that if PerfumeData disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.4 You acknowledge and agree that while PerfumeData may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by PerfumeData at any time, at PerfumeData's discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to PerfumeData will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by PerfumeData, unless you have been specifically allowed to do so in a separate agreement with PerfumeData. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with PerfumeData, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that PerfumeData has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which PerfumeData may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to PerfumeData for all activities that occur under your account.
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with PerfumeData's privacy policies.
8. Content in the Services
8.1 PerfumeData reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. We tend to be family and work safe but PerfumeData may contain content, advertisements or images that contain sexual content and we do not provide tools to filter it out. There are commercially available services and software to limit access to material that you may find objectionable.
8.2 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.3 You agree that you are solely responsible for (and that PerfumeData has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which PerfumeData may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that PerfumeData (or PerfumeData's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by PerfumeData and that you shall not disclose such information without PerfumeData's prior written consent.
9.2 Unless you have agreed otherwise in writing with PerfumeData, nothing in the Terms gives you a right to use any of PerfumeData's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. This includes but not limited to use PerfumeData as a username, name or part of name, title, or any other form of the identification on PerfumeData websites or anywhere else online or offline.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with PerfumeData, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms.
9.4 Other than the limited license set forth in Section 11, PerfumeData acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with PerfumeData, you agree that you are responsible for protecting and enforcing those rights and that PerfumeData has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by PerfumeData, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from PerfumeData
10.1 PerfumeData gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the website and software provided to you by PerfumeData as part of the Services as provided to you by PerfumeData (referred to as the “persona”). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by PerfumeData, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by PerfumeData, in writing.
10.3 Unless PerfumeData has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Website updates
The website or any other software which you use to access and use Service may update without prior notice from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. Also some modules and parts of service may be discontinued without prior notice. You agree to receive such updates (and permit PerfumeData to deliver these to you) as part of your use of the Services.
12. Ending your relationship with PerfumeData
12.1 The Terms will continue to apply until terminated by either you or PerfumeData as set out below.
12.2 If you want to terminate your legal agreement with PerfumeData, you may do so by (a) notifying PerfumeData at any time and (b) closing your accounts for all of the Services which you use, where PerfumeData has made this option available to you.
12.3 PerfumeData may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) PerfumeData is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
12.4 Nothing in this Section shall affect PerfumeData's rights regarding provision of Services under Section 4 of the Terms.
12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and PerfumeData have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
13. Exclusion Of Warranties
13.1 nothing in these terms, including sections 13 and 14, shall exclude or limit perfumedata's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
13.2 you expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.”
13.3 in particular, perfumedata do not represent or warrant to you that:
(a) your use of the services will meet your requirements,
(b) your use of the services will be uninterrupted, timely, secure or free from error,
(c) any information obtained by you as a result of your use of the services will be accurate or reliable, and
(d) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.
13.4 any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
14. limitation of liability
14.1 subject to overall provision in paragraph 13.1 above, you expressly understand and agree that perfumedata shall not be liable to you for:
(a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(i) Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(ii) Any changes which perfumedata may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(iii) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
(iii) Your failure to provide perfumedata with accurate account information;
(iv) Your failure to keep your password or account details secure and confidential;
14.2 the limitations on perfumedata's liability to you in paragraph 15.1 above shall apply whether or not perfumedata has been advised of or should have been aware of the possibility of any such losses arising.
15. General legal terms
15.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
15.2 The Terms constitute the whole legal agreement between you and PerfumeData and govern your use of the Services (but excluding any services which PerfumeData may provide to you under a separate written agreement), and completely replace any prior agreements between you and PerfumeData in relation to the Services.
15.3 You agree that PerfumeData may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
15.4 You agree that if PerfumeData does not exercise or enforce any legal right or remedy which is contained in the Terms (or which PerfumeData has the benefit of under any applicable law), this will not be taken to be a formal waiver of PerfumeData's rights and that those rights or remedies will still be available to PerfumeData.
15.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.