Terms and Conditions
2. USAGE OF SITE
transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us;
introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code;
obtain unauthorized access to any computer system;
impersonate any other person, including but not limited to, a registered user of this Site or an employee of embarkperfumes.com;
invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;
misrepresent the identity of a user or use a false e-mail address;
tamper with or obtain access to this Site or any component of this Site;
conduct fraudulent activities; or
collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
3. MEMBERSHIP ELIGIBILITY
» Learn about offline events in your area
» Receive personalized marketing communication
4. ADDITIONAL TERMS AND CONDITIONS
5. ACCURACY OF CONTENT; LIMITATIONS ON QUANTITY
The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to:
- revoke any stated offer;
- correct any errors, inaccuracies, or omission; and
- make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law.) We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available.
6. PROPRIETARY RIGHTS
You acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons, and page headers) available on the Site are the property of and/or its affiliates, subsidiaries, or licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials on the Site.
By using this Site, you agree to indemnify, hold harmless, and defend embarkperfumes.com, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates (collectively, the “HOM Indemnitees”) from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with
- Your use or misuse of the Site;
- A dispute with a Member;
- Your violation of any law or the rights of a third party
Embarkperfumes.com is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) by embarkperfumes.com or by any third party or by any of the equipment or programming associated with or utilized by the site.
embarkperfumes.com assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any member content or other member communications. Embarkperfumes.com is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on the site, including any injury or damage to member’s or other person’s computer related to or resulting from participation on or through the site.
The site, its content and all text, images, merchandise, and other information on, accessible from or available through this site are provided on an “as available” and “as is” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Specifically, but without limitation, embarkperfumes.com does not warrant that:
- The information available on this site is free of errors;
- The functions contained on this site will be uninterrupted or free of errors;
- Defects will be corrected, or
- This site or the server(s) that makes it available are free of viruses or other harmful components
9. LIMITATION OF LIABILITY
In no event shall embarkperfumes.com its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates, or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the site or any information contained thereon or stored or maintained by embarkperfumes.com whether based upon warranty, contract, tort, or otherwise, even if embarkperfumes.com has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of embarkperfumes.com, its parent, subsidiaries, or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to embarkperfumes.com in connection with the applicable event, promotion or boutique giving rise to such liability. Without limiting the foregoing, in no event shall embarkperfumes.com, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates, or third parties providing information on this site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of embarkperfumes.com
10. RISK OF LOSS
The items purchased from our Site are shipped by a third-party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
www.embarkperfumes.com is not affiliated with websites or third parties that sell or advertise our products without a written agreement with us. www.embarkperfumes.com reserves the right to void all service, return, and other policies for orders and products that were purchased through unauthorized sellers. www.embarkperfumes.com is not responsible for any representations by unauthorized sellers.
12. UNAVAILABILITY OF SITE; TERMINATION; FRAUD
13. COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. All content used on the website is either created by embarkperfumes.com in house team or provided by our vendors or their affiliates. If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must:
- identify the allegedly infringing materials;
- indicate where on the Site the infringing materials are located;
- provide your name and contact information;
- state that you have a good faith belief that the materials are infringing;
- state that the information in your claim is accurate; and
- indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Site a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for further information. Our contact for copyright issues relating to this Site (including the notices and counter-notices) is registered office.