TERMS OF USE

AGREEMENT BETWEEN USER AND AMPERSAND FRAGRANCES LTD

The Ampersand Fragrances Ltd Web Site is comprised of various Web pages operated by Ampersand Fragrances Ltd.

 

The Ampersand Fragrances Ltd Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Ampersand Fragrances Ltd Web Site constitutes your agreement to all such terms, conditions, and notices.

 

MODIFICATION OF THESE TERMS OF USE

Ampersand Fragrances Ltd reserves the right to change the terms, conditions, and notices under which the Ampersand Fragrances Ltd Web Site is offered, including but not limited to the charges associated with the use of the Ampersand Fragrances Ltd Web Site.

 

LINKS TO THIRD PARTY SITES

The Ampersand Fragrances Ltd Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Ampersand Fragrances Ltd and Ampersand Fragrances Ltd is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ampersand Fragrances Ltd is not responsible for webcasting or any other form of transmission received from any Linked Site. Ampersand Fragrances Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ampersand Fragrances Ltd of the site or any association with its operators.

 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Ampersand Fragrances Ltd Web Site, you warrant to Ampersand Fragrances Ltd that you will not use the Ampersand Fragrances Ltd Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Ampersand Fragrances Ltd Web Site in any manner which could damage, disable, overburden, or impair the Ampersand Fragrances Ltd Web Site or interfere with any other party's use and enjoyment of the Ampersand Fragrances Ltd Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Ampersand Fragrances Ltd Web Sites.

 

USE OF COMMUNICATION SERVICES

The Ampersand Fragrances Ltd Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

Ampersand Fragrances Ltd has no obligation to monitor the Communication Services. However, Ampersand Fragrances Ltd reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Ampersand Fragrances Ltd reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Ampersand Fragrances Ltd reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ampersand Fragrances Ltd's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Ampersand Fragrances Ltd does not control or endorse the content, messages or information found in any Communication Service and, therefore, Ampersand Fragrances Ltd specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Ampersand Fragrances Ltd spokespersons, and their views do not necessarily reflect those of Ampersand Fragrances Ltd.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

MATERIALS PROVIDED TO AMPERSAND FRAGRANCES LTD OR POSTED AT ANY AMPERSAND FRAGRANCES LTD WEB SITE

Ampersand Fragrances Ltd does not claim ownership of the materials you provide to Ampersand Fragrances Ltd (including feedback and suggestions) or post, upload, input or submit to any Ampersand Fragrances Ltd Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Ampersand Fragrances Ltd, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. Ampersand Fragrances Ltd is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Ampersand Fragrances Ltd's sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Ampersand Fragrances Ltd WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Ampersand Fragrances Ltd AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Ampersand Fragrances Ltd WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Ampersand Fragrances Ltd WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

 

Ampersand Fragrances Ltd AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Ampersand Fragrances Ltd WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Ampersand Fragrances Ltd AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Ampersand Fragrances Ltd AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Ampersand Fragrances Ltd WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Ampersand Fragrances Ltd WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Ampersand Fragrances Ltd WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Ampersand Fragrances Ltd WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Ampersand Fragrances Ltd OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Ampersand Fragrances Ltd WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Ampersand Fragrances Ltd WEB SITE.

 

SERVICE CONTACT: connect@ampersandfragrances.com

 

TERMINATION/ACCESS RESTRICTION

Ampersand Fragrances Ltd reserves the right, in its sole discretion, to terminate your access to the Ampersand Fragrances Ltd Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed at all times by English Law and the English Courts shall have exclusive jurisdiction in all disputes arising out of or relating to the use of the Ampersand Fragrances Ltd Web Site. Use of the Ampersand Fragrances Ltd Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ampersand Fragrances Ltd as a result of this agreement or use of the Ampersand Fragrances Ltd Web Site. Ampersand Fragrances Ltd's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ampersand Fragrances Ltd's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Ampersand Fragrances Ltd Web Site or information provided to or gathered by Ampersand Fragrances Ltd with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ampersand Fragrances Ltd with respect to the Ampersand Fragrances Ltd Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ampersand Fragrances Ltd with respect to the Ampersand Fragrances Ltd Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

 

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Ampersand Fragrances Ltd Web Site are: © Copyright Ampersand Fragrances Ltd 2010 and/or its suppliers. All rights reserved.

 

All contents included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ampersand Fragrances Ltd, its subsidiaries, its affiliates or its content suppliers and is protected by United Kingdom and international copyright, authors rights and database right laws. The compilation of all content on this website is the exclusive property of Ampersand Fragrances Ltd, its subsidiaries, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. You may not systematically extract and/or re-utilise parts of the contents of the website without Ampersand Fragrances Ltd’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Ampersand Fragrances Ltd’s express written consent. You also may not create and/or publish your own database that features substantial (eg our product listings) parts of this website without Ampersand Fragrances Ltd’s express written consent.

 

TRADEMARKS

Logos and other marks indicated on our website are trademarks or registered trademarks of Ampersand Fragrances Ltd or its subsidiaries (collectively "Ampersand Fragrances Ltd"), in the European Union and/or other jurisdictions. Ampersand Fragrances Ltd’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Ampersand Fragrances Ltd. Ampersand Fragrances Ltd’s trademarks and trade dress may not be used in connection with any product or service that is not Ampersand Fragrances Ltd’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ampersand Fragrances Ltd. All other trademarks not owned by Ampersand Fragrances Ltd that appear on this website are the property of their respective owners, who may or may not be affiliated with or connected to Ampersand Fragrances Ltd.

 

Any rights not expressly granted herein are reserved.

 

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Ampersand Fragrances Ltd respects the intellectual property of others, and we expect those who use this site to do the same. Ampersand Fragrances Ltd may terminate the accounts or access rights of users who violate the intellectual property rights of others. If you believe that material accessible on this site infringes your copyright, you may notify us at the following address:

connect@ampersandfragrances.com

To be effective, the notification must include the following:

 

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

b. Identification of the copyrighted work that you claim has been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 

c. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example, the URL of the web site where it is posted or the name of the book in which it has been published;

 

d. Identification of the material that you claim is infringing and information reasonably sufficient to permit Ampersand Fragrances Ltd to locate the material; for example, the URL or other specific location on this site where the allegedly infringing material is accessible;

 

e. Information reasonably sufficient to permit Ampersand Fragrances Ltd to contact you, such as an address, telephone number, and if available, an electronic mail address at which the you may be contacted;

 

f. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

 

g. A statement by you that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

When we receive the written notification containing the information as outlined above we will:

 

a. Remove or disable access to the material that is alleged to be infringing;

 

b. Forward the written information to such alleged infringer (the “Alleged Infringer”);

 

c. Take reasonable steps to promptly notify the Alleged Infringer that we have removed or disabled access to the material

 

Ampersand Fragrances Ltd is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Ampersand Fragrances Ltd Web site and governs data collection and usage. By using the Ampersand Fragrances Ltd website, you consent to the data practices described in this statement.

 

COLLECTION OF PERSONAL DATA

The extent and type of information we receive from you on our external website depends on what you do when visiting our site. If you visit our site to read or download information, such as news stories or articles, all of the information we collect - such as the domain from which you access the Internet, the date and time you access our site and the Internet address of the website from which you linked directly to our site - is not personally identifiable. Information about the number of visitors and their use of the site and will only be used for statistical purposes (in aggregate form) to make our site more useful and attractive to you.

 

If you provide us with personal data we will use it to process your online requests, to provide goods to you or your organisation and to let you know about other goods in which you might be interested. For example, if you send us an email message requesting information about Ampersand Fragrances Limited, we will use your email address and other information you supply to respond to your request. If we intend to use your personal information to tell you about other Ampersand Fragrances Limited products, we will tell you so and give you an opportunity to decline to receive such communications. If you send us a resume or CV to apply online for a position with Ampersand Fragrances Limited, we will use the information provided to match you with available opportunities.

 

Your personal information will be retained only for as long as necessary to fulfil the purposes for which the information was collected or as required by law.

 

PROTECTION OF PERSONAL DATA

We do not share personal information with third parties except as necessary to carry out our business, your requests or as required by law or other legal processes. We will never sell your personal information to third parties.

 

Ampersand Fragrances Limited has technological and operational security policies and procedures in place to protect your personally identifiable information from loss, misuse, alteration or unintentional destruction. Our personnel who have access to the data have been trained to maintain the confidentiality of such information.

 

Ampersand Fragrances Limited understands the importance of protecting children's privacy, especially in an online environment. Our sites are not intentionally designed for or directed at children 13 years of age or younger. It is our policy never to knowingly collect or maintain information about anyone under the age of 13.

 

USE OF COOKIES

The Ampersand Fragrances Ltd Web site use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

 

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalise Ampersand Fragrances Ltd pages, or register with Ampersand Fragrances Ltd site or services, a cookie helps Ampersand Fragrances Ltd to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Ampersand Fragrances Ltd Web site, the information you previously provided can be retrieved, so you can easily use the Ampersand Fragrances Ltd features that you customized.

 

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Ampersand Fragrances Ltd services or Web sites you visit.

 

SECURITY OF YOUR PERSONAL INFORMATION

Ampersand Fragrances Ltd secures your personal information from unauthorized access, use or disclosure. Ampersand Fragrances Ltd secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

 

CHANGES TO THIS STATEMENT

Ampersand Fragrances Ltd will occasionally update this Statement of Privacy to reflect company and customer feedback. Ampersand Fragrances Ltd encourages you to periodically review this Statement to be informed of how Ampersand Fragrances Ltd is protecting your information.

 

CONTACT INFORMATION

Ampersand Fragrances Ltd welcomes your comments regarding this Statement of Privacy. If you believe that Ampersand Fragrances Ltd has not adhered to this Statement, please contact Ampersand Fragrances Ltd at connect@ampersandfragrances.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.