Terms & Conditions of UseScentBase.com ("ScentBase"), requires all users and visitors to the www.scentbase.com website ("Site") to agree to these terms and conditions ("Terms & Conditions" or "Agreement")).
Please read this Agreement carefully and, if you do not agree to all of the terms and conditions, you should not use or access this Site. By using or accessing the Site you indicate your acknowledgment and acceptance of these terms and conditions and agree to be bound by them. As used herein, a "User" is an individual that has created a user account through the Site and a "Visitor" is an individual that is using or accessing the Site, but has not created a user account. The term "Services" is used herein to collectively refer to the various services and functionality offered to Users through the Site.
The content, including without limitation, text, images, data, graphics, animation, video and/or the arrangement of any of the foregoing on the ScentBase website provided by ScentBase and any Submissions ("ScentBase Content") are all subject to protection as the intellectual property of ScentBase and such ScentBase Content located on the Site and any other website owned, operated, licensed or controlled by ScentBase or any of its related, affiliated or subsidiary companies may not be copied (in whole or in part), reproduced, stored, displayed, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of ScentBase. Any unauthorized modification or use of the ScentBase Content for any purpose violates ScentBase's intellectual property rights.
The content, including without limitation, text, images, data, personal information, graphics, animation, video and/or the arrangement of any of the foregoing on the ScentBase website provided, submitted, posted or uploaded by User or Visitor of the website, but excluding Submissions ("Non-ScentBase Content"), may be subject to protection as the intellectual property of the User or Visitor that submitted or posted the Non-ScentBase Content and/or may be protected under state of federal laws and such Non-ScentBase Content located on the Site and any other website owned, operated, licensed or controlled by ScentBase or any of its related, affiliated or subsidiary companies may not be copied (in whole or in part), reproduced, stored, displayed, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of the corresponding User or Vistor.
Each User or Visitor providing, submitting, posting or uploading any Non-ScentBase Content to the Site hereby grants to ScentBase a non-exclusive, worldwide right to copy (in whole or in part), reproduce, store, display, distribute, republish, upload, post or transmitt the Non-ScentBase Content for purposes of providing the Services to Users and Vistors. The license granted herein shall be irrevocable for Non-ScentBase Content provided, submitted, posted or uploaded by a Visitor to the Site. Such license may be revoked by a User to the Site for any and all Non-ScentBase Content provided, submitted, posted or uploaded by the User or a Visitor to the webpages on the Site associated with the User's account, but only by providing written notice to ScentBase via certified mail, return receipt requested, at the following address: ATTENION: Account Deletions, 40 Stine Street, Bristol TN 37620. Such notice and revocation shall be effective ten (10) business days following ScentBase's receipt and the notice, but only to the extent such notice (1) includes the user name and password for the User and (2) describes in reasonable detail the specific Non-ScentBase Content to which such revocation applies so as to reasonably enable ScentBase to identify and remove the corresponding Non-ScentBase Content from its systems.
ScentBase grants to Users and Visitors a personal, nontransferable, revocable and limited license to view ScentBase Content in connection with their authorized use and accessing of the Site. No other right to ScentBase Content or to use or access the Site is granted. Neither title to ScentBase Content nor any intellectual property rights therein is transferred to a User or Visitor by using or accessing the Site, but ownership of all rights therein shall remain solely with ScentBase, which owns full and complete title to the ScentBase Content and all intellectual property rights therein.
BY ACCESS TO THIS SITE YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR WHATEVER MATERIAL YOU SUBMIT, INCLUDING, WITHOUT LIMITATION, ANY NON-ScentBase CONTENT AND SUBMISSIONS, AND YOU, NOT ScentBase, HAVE FULL RESPONSIBILITY FOR SUCH MATERIAL, INCLUDING ITS LEGALITY, RELIABILITY, APPROPRIATENESS, ORIGINALITY AND COPYRIGHT.
All remarks, suggestions, ideas, or other information communicated to ScentBase by a User or Visitor regarding the Services and Site, including its functionality (a "Submission") will forever be the property of ScentBase. ScentBase will not be required to treat any Submission as confidential, will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future ScentBase operations. Without limitation, ScentBase will have the exclusive ownership of all present and future existing rights to all Submissions of every kind and nature everywhere. ScentBase will be entitled to use Submissions for any commercial or other purposes whatsoever without compensation to any person sending a Submission.
3. Notice and Takedown Procedures; Copyright Agent
If you believe any materials accessible on or from the Site (including other User's or Visitor's posts and submissions) infringe your copyright rights, you may request removal of such content (or access thereto) by submitting a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to ScentBase's designated Copyright Agent (identified below) which sets forth the following information:
(i)Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(ii)Identification of the material that you believe to be infringing and its location on the Site. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
(iii)Your name, address, telephone number and (if available) e-mail address.
(iv)A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
(v)A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury", you are the copyright owner or are authorized to act on the copyright owner's behalf.
(vi)A signature or the electronic equivalent from the copyright holder or authorized representative.
ScentBase's designated Copyright Agent to receive notifications of claimed infringement is: ScentBase's IP Notices, Cam Collins, email: email@example.com. Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to ScentBase's customer service (Please visit: scentbase.com/contact.php).
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If your user submission was removed (or access thereto is disabled), and you believe such submission is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information to ScentBase's designated Copyright Agent:
(i)Your physical or electronic signature;
(ii)Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(iii)A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(iv)Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which ScentBase's is located, and that you will accept service of process from the person who provided the original notification of infringement or an agent of such person.
If a counter-notice is received by the copyright agent, ScentBase's may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at ScentBase's sole discretion.
In an effort to protect the rights of copyright owners, ScentBase's maintains a policy for the termination, in appropriate circumstances, of accounts of Users of the Site who are repeat infringers.
4. No Warranties or Representations, No Liability, INDEMNIFICATION
THE ScentBase CONTENT AND NON-ScentBase CONTENT, THE SERVICES AND THE SITE ARE PROVIDED FOR THE USE OF USERS AND VISITORS IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN AND ON THE SITE. THE ScentBase CONTENT AND NON-ScentBase CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OF ScentBase OR ANY OF ITS AFFILIATES, REPRESENTATIVES OR AGENTS. THE ScentBase CONTENT AND NON-ScentBase CONTENT IS NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL ScentBase CONTENT AND NON-ScentBase CONTENT BEFORE ACTING OR RELYING THEREON. THE ScentBase CONTENT MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
The information contained in this site is provided "as is" and without warranty of any kind, expressed or implied. To the fullest extent legally permitted, ScentBase hereby explicitly disclaims all warranties including, but not limited to, all warranties of merchantability, fitness for a particular purpose and against infringement. ScentBase does not warrant that the SITE, ITS functions AND/OR THE SERVICES will be uninterrupted or error free, that defects will be corrected, or that this site or the HARDWARE AND SOFTWARE that makes it available are free of viruses or other harmful components. ScentBase does not warrant or make any representations regarding the use of or the result of the use of the ScentBase CONTENT AND NON-ScentBase CONTENT in terms of ITS correctness, accuracy, reliability, or otherwise. You (and not ScentBase) assume the entire cost of all necessary servicing, repair or correction. By accessing this site and using the information provided on it, you agree that ScentBase (including its agents, officers, directors and employees) are not liable TO YOU for damages of any kind AND THAT YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS ScentBase, ITS AFFILIATES, EMPLOYEES AND AGENTS FROM ANY CLAIM OR ALLEGATION ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR ACCESS TO THE SITE AND ANY NON-ScentBase CONTENT AND SUBMISSIONS PROVIDED, SUBMITTED, POSTED OR UPLOADED BY YOU. TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY VIOLATION OR BREACH OF THESE TERMS & CONDITIONS BY ScentBase.
These terms and conditions will be governed and interpreted pursuant to the laws of the State of Virginia, inside the United States of America, notwithstanding any principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Bristol, Virginia, USA in all disputes (1) arising out of, relating to, or concerning this site and/or this Agreement, (2) in which this Site and/or this Agreement is an issue or a material fact, or (3) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this Section and the warranty disclaimers and liability exclusions above. ScentBase has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is NOT authorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with all applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall govern such use.
Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this Agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Bristol, Virginia, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
ScentBase can revise these Terms & Conditions at any time by updating this posting. This Site may be linked to other sites, which are not maintained by ScentBase. ScentBase is not responsible for the content of those sites.
You agree that no joint venture, partnership, employment or agency relationship exists between you and ScentBase as a result of this Agreement or your use of this Site.
ScentBase's performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of ScentBase's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by ScentBase with respect to such use.
All trademarks are the property of ScentBase or the respective trademark owners.
There may be occasions when ScentBase obtains personally identifiable information to provide you with correspondence or otherwise. However, ScentBase only gathers personally identifiable information, such as names, addresses, e-mail addresses, etc., when you voluntarily submit the same. Such personally identifiable information, which may be gathered in connection with ScentBase's on-line visitors, is used solely by ScentBase and is not sold, transferred or otherwise disseminated to third parties.
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