Legal Terms & Conditions
The Site is provided by Two Square Meters LLC and/or its affiliates and subsidiaries (collectively, "
2SQM").
Acceptance of Terms & Conditions
By accessing or otherwise using the Site, you are acknowledging and agreeing that you have read, understand and agree to be legally bound by these terms and conditions. 2SQM reserves the right to change these Terms & Conditions from time to time and in its sole discretion. Your continued access or other use of the Site following the posting of any changes to these Terms & Conditions constitutes your acceptance of such changes.
Your Use of the Site
You may access the Site for personal, non-commercial use. Unless otherwise agreed to in writing by 2SQM, you agree that you will not copy, download, publish, modify or otherwise distribute or use the Site, or any content included in the Site, for any purpose, except (i) to register for and access the information included in the Site, (ii) to subscribe to mail lists, if any, and (iii) to purchase any goods or services offered by 2SQM or its partners/affiliates. Your use of the Site or the content contained in the Site for any purpose not set forth in these Terms & Conditions is prohibited.
In addition to these Terms & Conditions, your use of the Site is governed by our Privacy Policy which is hereby incorporated by reference. You agree to 2SQM's collection, use and sharing of your information as set forth in the Privacy Policy.
Subscriptions, Registrations
When registering to access the Site, subscribing to mail list(s), or ordering goods or services, you may need to fill out one or more forms, and provide certain information. You agree that all information you provide will be true, accurate, current and complete. You further agree to promptly update the information if necessary to keep it true, accurate, current and complete. Access to and use of any password protected and/or secure areas of the Site is restricted to users who have been given a valid password by 2SQM. Unauthorized users attempting to access these areas may be subject to prosecution.
User Conduct
You agree not to use the Site to:
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Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, code, text, files, images, photos, sounds, videos, messages or other materials (collectively, "Content"), that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar or obscene, libelous, deceptive, fraudulent, contains explicit or graphic sexual content, invasive of another's privacy, or hateful;
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Impersonate any person or entity, including, but not limited to, an 2SQM official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Site;
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Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly malicious activity, or surreptitiously intercept or expropriate any system, data or personal information;
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Act in a manner that negatively affects other users' ability to use the Site;
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Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the value or integrity of the Site, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
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Interfere with or disrupt the Site or servers or networks connecting, or connected to, the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
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Intentionally or unintentionally violate any applicable local, state, national or international law.
You agree that you will not engage in the systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory, without 2SQM's prior written consent.
Pre-Orders and Product Purchases
When you pre-order products via the Site please note the anticipated shipping period. Your credit card will NOT be charged until the pre-ordered product(s) is ready to ship. All pre-orders for products submitted via the Site are final, and may only be cancelled with the prior approval of 2SQM. If 2SQM determines, in its discretion, that pre-ordered products will not be ready for shipment within a reasonable timeframe (for example, more than 4 weeks past the anticipated shipping period) or if the demand for products exceeds available supply, you will be notified and given the opportunity to cancel the pre-order. In such cases, 2SQM also reserves the right to cancel pre-orders in its discretion.
Products that have been purchased through the site, including those that were initially pre-ordered, may be returned for a full refund of the purchase price within 14 days of the shipping date. Shipping & handling charges are non-refundable.
DISCLAIMER OF WARRANTIES
2SQM PROVIDES THE SITE ON AN "AS IS", "WHERE IS" AND "AS AVAILABLE" BASIS. 2SQM, ITS MEMBERS, EMPLOYEES, PARTNERS, AFFILIATES, AGENTS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, 2SQM DOES NOT WARRANT THAT THE SITE, ANY CONTENT AVAILABLE THEREIN, OR ANY INFORMATION OR SERVICES PROVIDED THEREIN WILL (i) BE UNINTERRUPTED; (ii) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (iii) MEET YOUR REQUIREMENTS; OR (iv) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE AND ANY GOODS OR SERVICES PROVIDED THEREIN IS SOLELY AT YOUR RISK.
EXCLUSION OF DAMAGES
2SQM, ITS MEMBERS, EMPLOYEES, PARTNERS, AFFILIATES, AGENTS, SUBSIDIARIES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY
07012007SERVICES PROVIDED THEREIN. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF 2SQM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
LIMITATION ON LIABILITY
IN NO EVENT WILL 2SQM'S LIABILITY TO YOU IN CONNECTION WITH THE SITE, ANY GOODS OFFERED OR SERVICES PROVIDED THEREIN, OR THESE TERMS & CONDITIONS EXCEED THE AMOUNT PAID BY YOU TO 2SQM IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.
APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, 2SQM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH IN THESE TERMS & CONDITIONS MAY NOT APPLY TO YOU.
THIRD-PARTY WEB SITES
THE SITE AND CONTENT AVAILABLE THROUGH THE SITE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE COMPLETELY INDEPENDENT OF 2SQM, AND ARE NOT CONTROLLED BY 2SQM. ACCORDINGLY, 2SQM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH THIRD-PARTY WEB SITES, INCLUDING THE ACCURACY, COMPLETENESS OR AUTHENTICITY OF THE INFORMATION CONTAINED THEREIN, AND 2SQM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY 2SQM.
Indemnification
You hereby agree to indemnify and hold harmless 2SQM and its representatives, agents, affiliates, members, directors, officers, employees, managers and shareholders (the "Indemnified Parties"), and at 2SQM's option defend the Indemnified Parties, from and against any damage, loss, cost or expense (including without limitation, reasonable legal fees and related costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the Indemnified Parties arising out of your use of the Site, your purchase of any goods or services available therein, or any alleged breach by you of any provision of these Terms & Conditions. If you are obligated to indemnify 2SQM, 2SQM may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of 2SQM.
Intellectual Property.
In order to preserve the integrity of the Site and our branded services, we must take steps to protect our intellectual property from infringers, counterfeiters and copiers. Unless you receive our advance written permission, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including text, graphics, pictures, code and/or software.
SCENSOIR, PARFUM DE RÊVES, and any other words, images or designs used on or in connection with 2SQM goods or services are trademarks or service marks of Two Square Meters LLC.
This Site, its contents, coding, look and feel are copyright © 2007 Two Square Meters LLC. All Rights Reserved.
Termination
2SQM may, in its sole and absolute discretion, and with or without prior notice to you, suspend or terminate your use of the Site. The provisions of these Terms & Conditions pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination. 2SQM shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your use of the Site.
General
These Terms & Conditions shall be construed and enforced in accordance with the law of the State of New York, without regard to its conflict of law principles or any rule that may indicate the applicability of the laws of any other State. The parties hereto submit to the exclusive jurisdiction of the State and Federal Courts located in the State of New York and waive any claim that the forum is inconvenient or that venue is improper.
These Terms & Conditions (and any further policies or documents incorporated by reference herein) constitute the entire understanding between 2SQM and users of the Site concerning the subject matter hereof and may not be modified except by a written instrument executed by 2SQM. This Agreement, which may be modified or amended by 2SQM from time to time, in its sole discretion, supersedes all prior understandings and agreements, whether written or verbal with respect to the subject matter hereof.
If any of the provisions of these Terms & Conditions will contravene, or be invalid under, the laws of the particular jurisdiction where performed, such contravention or invalidity will not invalidate the whole agreement, rather these Terms & Conditions will be construed as if not containing the particular provision or provisions held invalid, and the rights and obligations of the parties will be construed and enforced accordingly.
No failure or delay by 2SQM in exercising any right, power or privilege under these Terms & Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms & Conditions.
The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect.
These Terms & Conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. Users may not assign their rights or obligations hereunder without 2SQM's prior written consent.