Updated: August 31, 2016
1. GENERAL TERMS
By using the Website and/or making any purchase on the Website, you acknowledge the Terms & Conditions, agree to be bound by them, and agree that the Terms & Conditions shall govern you use of the Website and/or any purchases you make on the Website.
IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS, PLEASE EXIT THE WEBSITE IMMEDIATELY, AND DO NOT USE THE WEBSITE OR MAKE ANY PURCHASES ON THE WEBSITE.
The website is operated by Sator Square Inc., doing business as Phuong Dang Perfumes (“Phuong Dang Perfumes,” and together with its parent companies, subsidiaries, and affiliates, the “Company,” “we,” or “us”). Phuong Dang Perfume’s principal office at 1345 the Avenue of Americas, 2nd floor, New York, New York 10105.
We may update the Terms & Conditions or any part thereof at any time without prior notice. By continuing to use the Website after any update you accept and agree to be bound by, and consent to, the current terms including any changes.
2. TERMS & CONDITIONS FOR USE OF WEBSITE
a. General. All uses of the Website is subject to these use terms. By using the Website you agree to comply with, and be bound by, these terms.
c. Not intended for minors. The Website is not intended for those under 18. By using the Website you agree you are 18 years of age or older. Furthermore, we do not knowingly collect or solicit personal information from those under 18 (including those under the age of 13) or knowingly allow such persons to register for an online account or to post personal information on our websites.
e. Intellectual Property Generally. The Website and material on the Website (including all intellectual property of any nature, whether registered or unregistered, including drawings, designs, illustrations, photographs, videos, sound tracks, written text, logos, trademarks) are the exclusive property of the Company, its parent company, and/or its affiliates and subsidiaries, or third parties who have licensed or authorized the Company to use such property. You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained on the Website.
f. Trademarks. The “Phuong Dang Perfumes” trademark and all other related marks and logos, whether registered or not registered, displayed on the Website, as well as the domain name "www.phuongdang.com," are and will remain the exclusive property of the Company. Any reproduction, distribution, transmission, modification, or use of any Company trademark for any purpose is prohibited.
g. Proprietary Markings. You may not remove any copyright, trademark or other proprietary notice contained on the Website or any content contained therein.
h. Feedback. You agree that any and all feedback, reviews, suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to the Company through this website or by other means ("Submissions") are neither confidential nor proprietary to you and may be used by the Company without restriction or compensation. By making a submission to the Company, you grant to the Company under all right, title and interest, including copyrights, in the submission a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise fully exploit such submissions. The Company has no obligation (i) to keep any submission confidential; (ii) to pay you or anyone any compensation for any submission or for using a submission; or (iii) to respond to or acknowledge any submission. You represent and warrant that no submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a submission, you agree that the Company has the right (but not the obligation) to copy, publish, distribute or use such submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any submission you make.
i. Linking. The Website may contain links to third party websites not under the operation or control of the Company. All such links are provided as a convenience only and are not, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services that may be offered thereon. The Company shall have no liability or responsibility for the content, availability, or otherwise in connection with such third party websites. Any questions or concerns about third party websites should be directed to the owners or operators of such websites. Please review the terms and conditions that may be imposed by such websites, as they may be different from these use terms. You may only provide a link (including deep linking) to the Website if expressly authorized in writing by the Company.j. Use Restrictions.
i. No Scraping. You may not use any automatic device, program, or methodology (including, without limitation, “page-scrape,” “robot,” or “spider”), or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. The Company reserves the right to bar any such activity.
ii. No Circumvention. You may not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website by hacking, password “mining” or any other illegitimate means. In addition, you may not probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the website, or any other customer of the Company, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website.
iii. No Interference. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.
iv. No Unlawful Use. You may not use the website for any purpose that is unlawful or prohibited by these use terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.
3. Additional terms
a. General. The following additional terms (“Additional Terms”) apply to your use of the Website and any purchase or attempted purchase you make on or through the Website.
d. Disclaimer of Representations and Warranties.
i. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR THE PRODUCTS OFFERED THROUGH THE WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION.
ii. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT: (A) THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE MATERIAL OR MALICIOUS CODE; (B) THE INFORMATION CONTAINED ON THE WEBSITE IS ACCURATE, COMPLETE OR UP TO DATE; OR (C) THE WEBSITE IS FREE OF DEFECTS OR THAT ANY INACCURACIES OR DEFECTS WILL BE CORRECTED.
iii. BY USING THE WEBSITE, YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
iv. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.
e. Limitation of Liabilities. The Company shall not be liable to you or any third party for any damages of any kind, including, without limitation, actual, direct, indirect, incidental, special, punitive, exemplary or consequential damages, whether arising under contract, tort, or any other theory, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use, performance of, or information provided through the www.phuongdang.comwebsite, even if the Company has been advised of the possibility of such damages. Without limiting the foregoing, the Company shall have no liability for any delay or failure to deliver products or otherwise perform any obligation as specified hereunder if the same is wholly or partly caused by circumstances beyond our reasonable control. If, notwithstanding the other provisions of these use terms, the Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website, the Company’s liability shall in no event exceed us$100.00. Certain state laws do not allow limitations on 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.
f. Indemnity. You agree to defend, indemnify and hold the Company, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Website or any of our products or services purchased on the Site, or your breach of these Terms & Conditions. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
g. Governing Law. Our terms, including the use terms, the sale terms, and the additional terms shall be governed by and construed in accordance with the laws of the state of New York, without regard to its principles of conflicts of laws, and shall govern all matters arising out of or relating to the use terms or sale terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement.
h. Disputes. With respect to any dispute regarding the Website or any products purchased on the Website, all rights and obligations and all actions contemplated by these Terms & Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the Website or products purchased on the Website shall be submitted to confidential arbitration in New York and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief and/or damages in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms & Conditions shall be joined to an arbitration involving any other party subject to this Terms & Conditions, whether through class arbitration proceedings or otherwise. You agree that you will not file or participate in any form of class action against us. You further agree that the Company shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder without the need to post any bond or surety.
i. Electronic Notice. You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") from us electronically if we so choose, including without limitation by e-mail or by posting notices on this Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that this consent to receive Notices electronically is entirely separate from any election you may make with respect to receipt of marketing communications.
i. (a) Severability. If any provision of the use terms, sale terms, or additional terms is determined to be invalid, illegal or unenforceable, the remaining provisions of shall remain in full force to the extent permitted by law.
ii. (b) Waiver. No failure, forbearance, neglect or delay of any kind or to any extent on the part of the Company in connection with the enforcement or exercise of any rights under the use terms, the sale terms, the additional terms shall affect or diminish the Company’s ability to enforce such rights or any other rights under the use terms, the sale terms, the additional terms.
iii. Construction and interpretation. References to articles, sections and exhibits are to be construed as references to the articles or sections of the relevant portions of the use terms, sale terms, or additional terms, unless otherwise indicated, and terms such as “hereof,” “herein,” “hereunder” and other similar compounds of the word “here” shall mean and refer to this entire set of terms rather than any particular part of the same. The paragraph headings and captions are included merely for convenience of reference. They are not to be considered part of, or to be used in interpreting, the terms and in no way limit or affect any of the contents of the terms or its provisions. Whenever used, except as otherwise expressly provided or unless the context otherwise requires, any noun or pronoun shall be deemed to include the plural as well as the singular and to cover all genders. The words "includes" and "including" when used herein shall be deemed to be followed by the phrase "without limitation" unless such phrase otherwise appears. Any reference to products, goods, or merchandise shall refer to the items offered for sale on the website.