The following definitions shall govern the meanings of the capitalized terms used in this Agreement:
- “Buyer” shall mean those GetScents Members that use the GetScents Services to purchase products.
- “GetScents Members” shall mean those individuals who register with the Site by creating a username and password.
- “GetScents Services” shall mean the GetScents products or services, including the Site, used to offer, sell and buy aromatherapy products within a fixed-price format, any GetScents mobile applications, or any online software provided by GetScents in connection with any of the foregoing.
- “Seller” shall mean those GetScents Members that use the GetScents Services to sell products.
- “Seller Content” shall mean all text, graphics, images, links, and other media uploaded to the Site by Seller to form part of a product listing or to otherwise support the sale of Seller’s products.
- “Site” shall mean the website operated by GetScents and located at the URL https://www.getscents.com.
A. The Site Is a Venue
You agree that the Site is a venue that allows users who comply with GetScents’ policies to offer, sell and buy aromatherapy products within a fixed-price format. As such, GetScents is not responsible or liable for any content (e.g., data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links) posted by you, other users, or outside parties on the Site. You use the Site and any other GetScents Services at your own risk. GetScents is not directly involved in the transaction between buyers and sellers. As a result, GetScents has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. GetScents does not pre-screen users or the content or information provided by users. GetScents cannot ensure that a buyer or seller will actually complete a transaction. GetScents holds no right, title, or interest in any products or items listed on the Site and does not transfer legal ownership of items from the seller to the buyer. GetScents does not verify and cannot guarantee the true identity, age, and nationality of a user. GetScents encourages each user to communicate directly with potential transaction partners through the tools available on the Site. You agree that GetScents is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, or any other copyrighted material and links posted by you, other users, or outside parties on GetScents. You use the GetScents service at your own risk.
B. Membership Eligibility
GetScents Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. The Site and any GetScents Services are not available to minors (persons under the age of 18) or to temporarily or indefinitely suspended GetScents Members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of, your parents or guardians. If you do not qualify, please do not use GetScents. Further, you also agree not to transfer or sell your account (including feedback) or User ID. GetScents may, in its sole discretion, refuse to offer access to or use of the Site or any GetScents Services to any person or entity. Moreover, GetScents may change its user eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
C. Buyer Obligations and Guidelines
Buyer is obligated to immediately complete the transaction of a purchase of an item on the Site in any shop by using the payment options provided thereon. Any issues with the product sold, including any and all requests for returns, are between Buyer and Seller. GetScents shall have no obligation to participate or intervene in any request for a refund. Buyer’s remorse is not a valid reason for requesting a refund from a Seller. Prior to making a purchase, a Buyer should review all Seller policies regarding refunds and returns prior to purchase.
D. Seller Obligations and Guidelines
- Listing Description: All items listed on the Site by you must be for sale, and not merely for promotion or for information. By listing an item on the Site, you warrant that you and all aspects of the item comply with GetScents’ published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale, including purchase price and shipping costs, on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
- Binding Sale: All sales are binding. If you, as Seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) Buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate Buyer's identity. Seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner.
- Return Policies. All Sellers are urged to outline return policies for their listing. Sellers must create reasonable policies in good faith and must abide by such policies. All return policies must comply with GetScents’ site-wide policies. Sellers are responsible for enforcing their own reasonable policies. GetScents reserves the right to request that a seller modify a listing return policy.
- Buyer and Seller Communication. Seller is responsible for providing support for any sale-related issues beyond functionality of the Site. As a condition of using the Site, Seller agrees to use his/her/its best efforts to offer support and assistance in the resolution of Buyers' concerns and disputes.
- Manipulation: The price stated in each GetScents listing must be an accurate representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the item description but charging a higher price to the Buyer, altering the item's price prior to a sale for the purpose of avoiding GetScents transaction fees, and hacking into another’s account and altering prices. Neither Buyer nor Seller may manipulate the price of any item for any reason.
- No Infringement. Seller represents and warrants that its Content does not infringe any intellectual property rights of others. GetScents does not check user uploaded/created Content for appropriateness, violations of copyright, trademarks, patents, or other rights or violations. Reported violating content may be removed or disabled.
- Rejection or Removal of Listings. GetScents may, in its sole discretion and determination, reject or remove product listings without notice to the Seller.
Copyright and Intellectual Property Infringement Policy
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see GetScent’s Copyright and Intellectual Property Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
G. Fees Policy
Joining and creating a listing on the Site is free (excluding additional sales channels on GetScents that may have separate fees). GetScents may charge fees for listing an item for sale, as well as a fee for the sale price when the item sells. GetScents offers monthly subscription packages with different fees already included and additional benefits. These packages are automatically renewed and charged every month and can be cancelled at any time through the Site or through email@example.com. When you list an item, you have an opportunity to review and accept the fees that you will be charged. GetScents’ Fees Policy, which is subject to change at any time without notice to you, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for GetScents’ services are effective upon being published on the Site. However, GetScents may choose to temporarily change the Fees Policy and the fees for GetScents’ services for promotional events (e.g., free listing days). Such changes are effective when GetScents posts the temporary promotional event on the Site. GetScents may, at GetScents’ sole discretion, change some or all of GetScents’ services at any time. In the event GetScents introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). You are responsible for paying all fees and applicable taxes associated with using the Site or any other GetScents Services.
H. Third-Party Sites and Information.
The Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While GetScents makes every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand and agree that GetScents is not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor is GetScents responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by GetScents, or any warranty of any kind, either express or implied.
I. Intellectual Property
- GetScents IP. The GetScents name, and other GetScents graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks, or trade dress of GetScents in the U.S. and/or other countries. GetScents’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
- Idea Submissions. GetScents considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content uploaded by Seller and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and GetScents shall not be liable for the disclosure or use of such Material. If, at GetScents’ request, any member sends Material to improve the site (for example through the Forums or to customer support), GetScents will also consider that Material to be non-confidential and non-proprietary, and GetScents will not be liable for use or disclosure of the Material. Any communication by you to GetScents is subject to this Agreement. You agree to grant, and hereby do grant, to GetScents, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
- GetScents’ Grant of License in Favor of Seller. Subject to Seller’s compliance with the Terms and Conditions, this Agreement, and Seller’s payment of any applicable fees, GetScents or its content providers grant Seller a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Site. This license does not include any derivative use of any GetScents Service or its contents; any downloading or copying of account information for the benefit of another user, seller, buyer or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to Seller in this Agreement are reserved and retained by GetScents or its licensors, suppliers, publishers, rightsholders, or other content providers. No GetScents Service, nor any part of any GetScents Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GetScents. Seller may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GetScents without express written consent. Seller may not use any meta tags or any other “hidden text” utilizing GetScents’ name or trademarks without the express written consent of GetScents. Seller may not misuse the Site or any GetScents Services. Seller may use the Site and any other GetScents Services only as permitted by law. The licenses granted by GetScents terminate if Seller does not comply with this Agreement.
- Re-Posting Content. By posting Content on the Site, it is possible for an outside website or a third party to re-post that Content. Seller agrees to indemnify, defend, and hold GetScents harmless for any dispute concerning this use. If Seller chooses to display its own GetScents-hosted image on another website, the image must provide a link back to its listing page on GetScents.
K. Resolution of Disputes and Release
- Time Limitation for Actions. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and GetScents agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- Disputes with Users or Third Parties. In the event a dispute arises between you and another user or a third party, GetScents has no obligation to resolve or to attempt to resolve such dispute. You release GetScents and its officers, directors, agents, subsidiaries, joint ventures and employees from any and all claims, demands and damages (actual and/or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between you and another user or a third party. GetScents encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. GetScents may, for the benefit of users, try to help users resolve disputes. However, GetScents does so in its sole discretion, and GetScents has no obligation to resolve disputes between users or between users and outside parties. To the extent GetScents attempts to resolve a dispute, GetScents will do so in good faith based solely on GetScents’ policies. GetScents will not make judgments regarding legal issues or claims.
L. Access and Interference
- Take any action that imposes, or may impose, in GetScents’ sole discretion, an unreasonable or disproportionately large load on GetScents’ infrastructure;
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
- Bypass GetScents’ robot exclusion headers or other measures GetScents may use to prevent or restrict access to the Site
Without limiting any other remedies, GetScents may, without notice, and without refunding any fees, delay or immediately remove Content, warn GetScents’ community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
- GetScents is unable to verify or authenticate any of your personal information or Content; or
- GetScents believes that a user is acting inconsistently with the letter or spirit of GetScents’ policies, has engaged in improper or fraudulent activity on the Site or in connection with GetScents or the actions may cause legal liability or financial loss to GetScents’ users or to GetScents.
N. DISCLAIMER OF WARRANTIES
GETSCENTS, GETSCENTS’ SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES PROVIDE THE SITE AND GETSCENTS SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GETSCENTS, AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE, GETSCENTS SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR THROUGH GETSCENTS SERVICES ARE PROVIDED BY GETSCENTS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GETSCENTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY GETSCENTS SERVICES, THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR OTHER GETSCENTS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR GETSCENTS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GETSCENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GETSCENTS DOES NOT WARRANT THAT THE SITE OR GETSCENTS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, GETSCENTS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GETSCENTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GETSCENTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GETSCENTS SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. FURTHER, GETSCENTS SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OFFERINGS OR CONTENT ON THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH A THIRD PARTY THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM GETSCENTS SHALL CREATE ANY WARRANTY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. PLEASE CONSULT THE LAW IN YOUR JURISDICTION.
O. LIMITATION OF LIABILITY
IN NO EVENT SHALL GETSCENTS AND/OR (AS APPLICABLE) GETSCENTS’ SUBSIDIARIES, OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, GETSCENTS SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. GETSCENTS’ LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF GETSCENTS’ SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO GETSCENTS IN THE 12 MONTHS PRIOR TO THE ACTION OR EVENT GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GETSCENTS, AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL COSTS, DAMAGES, WHETHER SUCH DAMAGES ARE DIRECT OR CONSEQUENTIAL, AND EXPENSES AND FEES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED AS A RESULT OF ANY CLAIM, ACTION, PROCEEDING, OR DEMAND ARISING FROM YOUR USE OF THE SITE AND/OR THE GETSCENTS SERVICES, YOUR CONTENT, OR YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. GETSCENTS RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH GETSCENTS IN ASSERTING ANY AVAILABLE DEFENSES.
Q. No Guarantee
GetScents does not represent or warrant that your use of the Site and the GetScents Services will result in a successful response or transaction. You acknowledge that the Site may not be accessible at all times, and GetScents does not guarantee continuous, uninterrupted access to the Site. You use the Site and the GetScents Services at your own risk and without recourse if your Content does not appear as scheduled, regardless of reason. GetScents does not warrant that the Site and the GetScents Services will operate error-free or that the servers are free from computer viruses or other harmful mechanisms. GetScents is not responsible for servicing or replacing any equipment or data from the use of the Site and the GetScents Services. The Site is provided as is, without any warranties of any kind. GetScents disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for a particular purpose and non-infringement. GetScents assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
R. Legal Compliance; Taxes
Your use of the Site and any GetScents Service is subject to all applicable laws and regulations. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any GetScents Services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on GetScents’ net income).
- Compliance With Law Enforcement and Other Investigative Agencies. GetScents does not routinely inspect or disclose any information or communications received from users. However, GetScents makes every effort to comply with law enforcement officials or other investigative agencies to prevent crime and/or the sale of stolen goods or products on the Site. GetScents reserves the right to inspect or disclose to any third party and for any reason whatsoever any information provided by you to GetScents, including but not limited to, compliance with the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et seq. or as otherwise required by law or by court or governmental order.
T. General Terms
- Severability. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
- No Agency. You and GetScents are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- Entire Agreement. This Agreement contains the entire agreement and understanding of the parties with respect to its subject matter and supersedes any prior or contemporaneous written or oral representations, discussions, proposals, understandings, Terms of Service, and the like respecting the subject matter hereof.