TERMS OF USE
THIS AGREEMENT GOVERNS YOUR USE OF THE SMELLSPEDIA WEBSITE. TO LEARN ABOUT USAGE RIGHTS FOR OUR DIGITAL CONTENTS, PLEASE REFER TO THE “DIGITAL DOWNLOADING TERMS AND LICENSING AGREEMENT“. This website is owned and operated by Smellspedia. Access and use of this website is provided by Smellspedia to you on condition that you accept these Terms of Use, and by accessing or using this website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website. Smellspedia may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.
Use of the Smellspedia website
This website and its contents (the “Content”) are intended for users/visitors of Smellspedia. You are specifically prohibited from: (a) unauthorised downloading, copying, or re-transmitting any or all of the website or the Content without, or in violation of, a written license or agreement with Smellspedia; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Smellspedia product or service if you are not expressly authorized by such party to do so; and (e) using the website or the Content other than for its intended purpose. You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.
Intellectual property
All materials (including the organization and presentation of such material) on this website (the “Materials”) are the property of Smellspedia and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights. Unless you have entered into a separate agreement with Smellspedia any other use of these Materials without Smellspedia‘s written permission is strictly prohibited. The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.
Privacy
Smellspedia is committed to respecting the privacy of the personal information of the individuals with whom we interact. Please see our Privacy Policy for further details.
Contents published on the website
Smellspedia updates the information on this website regularly. However, Smellspedia cannot guarantee or accept any responsibility or liability for the accuracy or completeness of the information on this website. Smellspedia may revise, supplement or delete information, services and/or the resources contained in the website and reserves the right to make such changes without prior notification to past, current or prospective visitors.
Linked websites
This website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Smellspedia monitors or endorses these websites. Smellspedia does not accept any responsibility for such websites. Smellspedia shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
Website and materials provided ‘as is’
THIS WEBSITE AND THE CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SMELLSPEDIA DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE CONTENT INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL SMELLSPEDIA BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE (€5.00) EUROS.
Indemnification
You agree to indemnify and hold Smellspedia harmless against all claims or liability asserted against Smellspedia arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use. Feel free to contact us. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Smellspedia is not liable for any damages related to communications to or from this website. You agree with respect to any information provided by you to us through this website or via email that: a) Smellspedia has no obligation concerning such information; b) the information is non-confidential; c) Smellspedia may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and d) the information is truthful and disclosure of the information does not violate the legal rights of others.
General
Smellspedia’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.
Contact
If you have concerns relating to this website or these Terms of Use, please contact us.
Last revision: January 1st 2023