These Terms of Service constitute an agreement between you and Nezbar.com (“Nezbar”). By using or accessing any portion of Nezbar.com, or any related applications or Services (the “Services”), you agree to be bound by these Terms of Service. Please read these terms carefully before using or accessing the Services. If you do not agree to and accept these Terms of Service, please do not use the Services in any manner.
2. Email Communications, Comments and Suggestions
b. Nezbar welcomes your suggestions regarding fragrances or other products to review, as well as ways we can improve our website, applications and services. By submitting a suggestion or comment to Nezbar, you understand that we may use your feedback or suggestions without any obligation to compensate you or provide you with credit.
3. Obligations and Restrictions on Use
Your use of the Services is subject to the following restrictions and obligations:
a. You may not sell, rent, or otherwise offer the Services, or any information or content available through the Services to anyone else without our written consent.
b. You may not access or use the Services in any way that is unlawful, fraudulent, defamatory, obscene, or otherwise harmful including, but not limited to, engaging in any activity that violates any other person or entity’s rights, or that, Nezbar, in its sole discretion, finds to be objectionable.
c. You agree to comply with all applicable laws, including, but not limited to, any privacy laws, as well as Nezbar’s policies when you access the Services.
d. You may not use the Services in any way that interferes with the operation of the Services or impacts or harasses any other person host, or network, or circumvents any of the Services’ security protections.
4. Intellectual Property
Nezbar and its licensors own and retain all right, title, and interest in and to the Services, including, but not limited to: any images, articles, blogposts and other content made available through the Services; the trademarks, logos, trade dress, look and feel, and other identifying characteristics of the Services; the design and architecture of the Services, as well as any software, or content provided through Nezbar, including any intellectual property or other proprietary rights contained therein (collectively, “Nezbar IP”). You must seek permission from Nezbar if you desire to use the Services in a way that is not outlined in these Terms of Service. Except for any rights explicitly granted in writing by Nezbar under these Terms of Service or otherwise, you are not granted any rights in and to any Nezbar IP.
5. Third-Party Services and Content
Certain functions of the Services may link you to or provide you access to functions, content, sites, or services operated by third parties (collectively, “Third-Party Services”). Those Third-Party Services are subject to the terms and conditions and privacy policies of the third parties that provide them, and Nezbar is not responsible for the privacy practices, content, or functionality of the Third-Party Services. You are solely responsible for reading and complying with any licenses, restrictions, privacy policies, or other terms and conditions that govern the use of any Third-Party Services you choose to access, visit, or link to through your use of the Services, and are solely liable for any violations of those terms and conditions that arise out of or relate to your use of the Third-Party Services.
6. Termination of Services
Nezbar reserves the right (but not the obligation) to limit, suspend or terminate your access to any portion the Services or portions thereof, with or without notice to you. Nezbar is under no obligation to provide compensation for any losses or results, which may occur due to your failure to comply with the these Terms of Service or those of a third party, for repeated violations of third-party rights, for actual or suspected illegal or improper use of the Services, for offensive User Content or conduct, or for technical reasons.
7. Warranty Disclaimer
NEZBAR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS,” AND YOU USE THEM AT YOUR SOLE RISK. YOU ASSUME ALL RESPONSIBILITY TO PROTECT YOUR COMPUTER SYSTEMS OR ANY OTHER DEVICES YOU USE TO ACCESS THE SERVICES FROM DAMAGE CAUSED BY BUGS, VIRUSES, TROJANS, OR THE LIKE WHICH MAY BE TRANSMITTED FROM NEZBAR’S SERVERS. NEZBAR ASSUMES NO LIABILITY FOR THE ACCURACY, SUITABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION THAT MAY BE ACCESSED THROUGH THE SERVICES, WHETHER OR NOT PROVIDED BY NEZBAR OR ITS PARTNERS. NEZBAR DOES NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE AT A GIVEN TIME. YOU ACKNOWLEDGE THAT THE VIEWPOINTS EXPRESSED IN THIRD-PARTY SERVICES REPRESENT THE OPINIONS OF THOSE THIRD-PARTY SERVICE PROVIDERS, AND ARE NOT ENDORSED BY NEZBAR IN ANY WAY.
8. Limitations of Liability
IN NO EVENT IS NEZBAR, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF GOODWILL, INABILITY TO USE OR ACCESS THE SERVICES, THIRD-PARTY CONDUCT ON THE SERVICES, OR ANY OTHER ACTIONS ASSOCIATED WITH THE USE OF THE SERVICES.
You agree at your own expense to indemnify, defend, save, and hold harmless Nezbar, and its employees, affiliates, officers, directors, contributors, and other representatives from and against any and all judgments, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and legal expenses) arising from or related to your use of the Services, or your violation of these Terms of Service.
10. General Terms
10.1. Updates and Changes to These Terms of Service
10.2. Entire Agreement
These Terms of Service constitute the entire agreement between the parties, and supersede all previous agreements relating to the use of the Services.
10.3. Applicable Law and Forum
These Terms of Service and any referenced policies or guidelines are governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflict of law. If you bring a suit against Nezbar, you hereby consent to the exclusive jurisdiction of state and federal courts in New York, NY, and hereby consent to the personal jurisdiction of said courts.
10.4. Location of Services
The Services are controlled and offered by Nezbar from its facilities in the United States. Nezbar makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for complying with local law.
If any provision of these Terms of Service is deemed to be unenforceable for any reason by any court, the invalidity of this provision does not affect the validity of any other provisions in these Terms of Service, which remain in full effect.
10.6. Language of the Terms of Service
10.7. No Waiver
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Nezbar’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If you have questions about these Terms of Service, please contact Nezbar at [email protected].
Last modified on February 11, 2015.