Privacy policy

USER OPT IN / THE PROGRAM ALLOWS USERS TO RECEIVE SMS/MMS MOBILE MESSAGES BY AFFIRMATIVELY OPTING IN TO THE PROGRAM, SUCH AS THROUGH ONLINE OR APPLICATION-BASED ENROLLMENT FORMS. REGARDLESS OF THE OPT-IN METHOD, YOU UTILIZED TO JOIN THE PROGRAM, YOU AGREE THAT THIS AGREEMENT APPLIES TO YOUR PARTICIPATION IN THE PROGRAM. BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO RECEIVE SMS MARKETING MOBILE MESSAGES AT THE PHONE NUMBER ASSOCIATED WITH YOUR OPT-IN, AND YOU UNDERSTAND THAT CONSENT IS NOT REQUIRED TO MAKE ANY PURCHASE FROM US. WHILE YOU CONSENT TO RECEIVE MESSAGES SENT USING AN AUTODIALER, THE FOREGOING SHALL NOT BE INTERPRETED TO SUGGEST OR IMPLY THAT ANY OR ALL OF OUR MOBILE MESSAGES ARE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM (“ATDS” OR “AUTODIALER”). MESSAGE AND DATA RATES MAY APPLY.

USER OPT-OUT / IF YOU DO NOT WISH TO CONTINUE PARTICIPATING IN THE PROGRAM OR NO LONGER AGREE TO THIS AGREEMENT, YOU AGREE TO REPLY STOP, END, CANCEL, UNSUBSCRIBE, OR QUIT TO ANY MOBILE MESSAGE FROM US IN ORDER TO OPT-OUT OF THE PROGRAM. YOU MAY RECEIVE AN ADDITIONAL MOBILE MESSAGE CONFIRMING YOUR DECISION TO OPT-OUT. YOU UNDERSTAND AND AGREE THAT THE FOREGOING OPTIONS ARE THE ONLY REASONABLE METHODS OF OPTING OUT. YOU ALSO UNDERSTAND AND AGREE THAT ANY OTHER METHOD OF OPTING OUT, INCLUDING, BUT NOT LIMITED TO, TEXTING WORDS OTHER THAN THOSE SET FORTH ABOVE OR VERBALLY REQUESTING ONE OF OUR EMPLOYEES TO REMOVE YOU FROM OUR LIST, IS NOT A REASONABLE MEANS OF OPTING OUT. 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS / MAYA PARFUMS (HEREINAFTER, “WE,” “US,” “OUR”) IS OFFERING A MOBILE MESSAGING PROGRAM (THE “PROGRAM”), WHICH YOU AGREE TO USE AND PARTICIPATE IN SUBJECT TO THESE MOBILE MESSAGING TERMS AND CONDITIONS AND PRIVACY POLICY (THE “AGREEMENT”). BY OPTING IN TO OR PARTICIPATING IN ANY OF OUR PROGRAMS, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, YOUR AGREEMENT TO RESOLVE ANY DISPUTES WITH US THROUGH BINDING, INDIVIDUAL-ONLY ARBITRATION, AS DETAILED IN THE “DISPUTE RESOLUTION” SECTION BELOW. THIS AGREEMENT IS LIMITED TO THE PROGRAM AND IS NOT INTENDED TO MODIFY OTHER TERMS AND CONDITIONS OR PRIVACY POLICIES THAT MAY GOVERN THE RELATIONSHIP BETWEEN YOU AND US IN OTHER CONTEXTS.

MMS DISCLOSURE / THE PROGRAM WILL SEND SMS TMS (TERMINATING MESSAGES) IF YOUR MOBILE DEVICE DOES NOT SUPPORT MMS MESSAGING.

OUR DISCLAIMER OF WARRANTY / THE PROGRAM IS OFFERED ON AN "AS-IS" BASIS AND MAY NOT BE AVAILABLE IN ALL AREAS AT ALL TIMES AND MAY NOT CONTINUE TO WORK IN THE EVENT OF PRODUCT, SOFTWARE, COVERAGE OR OTHER CHANGES MADE BY YOUR WIRELESS CARRIER. WE WILL NOT BE LIABLE FOR ANY DELAYS OR FAILURES IN THE RECEIPT OF ANY MOBILE MESSAGES CONNECTED WITH THIS PROGRAM. DELIVERY OF MOBILE MESSAGES IS SUBJECT TO EFFECTIVE TRANSMISSION FROM YOUR WIRELESS SERVICE PROVIDER/NETWORK OPERATOR AND IS OUTSIDE OF OUR CONTROL. T-MOBILE IS NOT LIABLE FOR DELAYED OR UNDELIVERED MOBILE MESSAGES.

PARTICIPANT REQUIREMENTS / YOU MUST HAVE A WIRELESS DEVICE OF YOUR OWN, CAPABLE OF TWO-WAY MESSAGING, BE USING A PARTICIPATING WIRELESS CARRIER, AND BE A WIRELESS SERVICE SUBSCRIBER WITH A TEXT MESSAGING SERVICE. NOT ALL CELLULAR PHONE PROVIDERS CARRY THE NECESSARY SERVICE TO PARTICIPATE. CHECK YOUR PHONE CAPABILITIES FOR SPECIFIC TEXT-MESSAGING INSTRUCTIONS.

EXCEPT FOR THOSE INTELLECTUAL PROPERTY RIGHTS THAT ARE ALREADY OWNED, REGISTERED OR VESTED IN YOUR NAME, OR THOSE INTELLECTUAL PROPERTY RIGHTS THAT ARE CREATED BY OR FOR YOU DURING THE DURATION OF THIS AGREEMENT, ALL TRADEMARKS, TRADE NAMES, SERVICE MARKS, LOGOS AND OTHER INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SITE AND SERVICES ARE PROPRIETARY TO MAYA PARFUMS. YOUR USE OF ANY MARKS ON THE SITE AND SERVICES IN ANY MANNER OTHER THAN AS AUTHORIZED IN THIS AGREEMENT, OR AS AUTHORIZED IN WRITING BY MAYA PARFUMS, SHALL BE STRICTLY PROHIBITED.

ADVERTISING / UNLESS YOU SPECIFICALLY WITHDRAW YOUR CONSENT TO THIS CLAUSE BY SENDING AN EMAIL AT UNSUBSCRIBE@MAYAPARFUMS COM, YOU HEREBY ACKNOWLEDGE AND CONSENT TO MAYA PARFUMS MAKING USE OF ANY OF YOUR MARKS, LOGOS AND TRADE NAMES TO IDENTIFY YOU AS USER/MEMBER/CUSTOMER ON PERFUMERIES SITE AND/OR SERVICES, IN ADDITION TO ANY OTHER MARKETING MATERIAL.

EXCEPT FOR THOSE INTELLECTUAL PROPERTY RIGHTS THAT ARE ALREADY OWNED, REGISTERED OR VESTED IN YOUR NAME, OR THOSE INTELLECTUAL PROPERTY RIGHTS THAT ARE CREATED BY OR FOR YOU DURING THE DURATION OF THIS AGREEMENT, ALL MAYA PARFUMS TRADEMARKS, TRADE NAMES, SERVICE MARKS, LOGOS AND OTHER INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SITE AND SERVICES ARE PROPRIETARY TO MAYA PARFUMS. YOUR USE OF ANY MARKS ON THE SITE AND SERVICES IN ANY MANNER OTHER THAN AS AUTHORIZED IN THIS AGREEMENT, OR AS AUTHORIZED IN WRITING BY MAYA PARFUMS, SHALL BE STRICTLY PROHIBITED.

       • ALL YOUR TRADEMARKS, TRADE NAMES, SERVICE MARKS AND LOGOS ARE PROPRIETARY TO YOU. PERFUMERIES USE OF ANY OF YOUR MARKS IN ANY MANNER OTHER THAN AS AUTHORIZED IN THIS AGREEMENT, OR AS AUTHORIZED IN WRITING BY YOU, IS STRICTLY PROHIBITED.

       • IN THE COURSE OF PERFORMING THE SERVICES, MAYA PARFUMS WILL HAVE ACCESS TO SOME OF YOUR DATA. ALL RIGHTS, TITLE AND INTEREST IN THE DATA IS YOUR EXCLUSIVE PROPERTY, EXCEPT AS OTHERWISE PROVIDED FOR HEREIN THROUGHOUT THIS AGREEMENT.

       • MAYA PARFUMS SHALL NOT MODIFY, COPY, DISTRIBUTE, TRANSMIT, DISPLAY, PERFORM, REPRODUCE, PUBLISH, LICENSE, FRAME, CREATE DERIVATIVE WORKS FROM, TRANSFER, OR OTHERWISE USE IN ANY OTHER WAY FOR COMMERCIAL OR PUBLIC PURPOSES, IN WHOLE OR IN PART, ANY OF YOUR DATA BELONGING TO YOU, EXCEPT FOR THE PURPOSES OF THE PROVISION OF PERFORMING THE SERVICES EXPRESSLY PROVIDED FOR HEREIN, WITHOUT ANY FURTHER PRIOR NEED OF APPROVAL OR CONSENT FROM YOU.

       • FOR THE AVOIDANCE OF DOUBT, MAYA PARFUMS WILL KEEP YOUR DATA CONFIDENTIAL AND MAINTAIN YOUR CONFIDENTIAL INFORMATION IN THE STRICTEST OF CONFIDENCE. IN THIS RESPECT, MAYA PARFUMS WILL NOT DISCLOSE OR PERMIT DISCLOSURE OF YOUR DATA TO ANY UNAUTHORIZED PERSON, AND WILL ONLY MAKE SUCH LIMITED USE AS STRICTLY NECESSARY FOR MAYA PARFUMS TO PERFORM THE SERVICES. FOR THE AVOIDANCE OF DOUBT, ALL SUCH RIGHTS TO MAYA PARFUMS TO USE YOUR DATA SHALL BE GRANTED SOLELY FOR THE DURATION OF THIS AGREEMENT AND IN ACCORDANCE WITH OUR PRIVACY POLICY.

       • YOU ACKNOWLEDGE AND AGREE THAT MAYA PARFUMS MAY DISCLOSE ANY DATA IF REQUIRED TO DO SO BY LAW OR IN THE GOOD FAITH BELIEF THAT SUCH PRESERVATION OR DISCLOSURE IS REASONABLY NECESSARY TO: (A) COMPLY WITH LEGAL PROCESS; (B) ENFORCE THIS AGREEMENT; (C) RESPOND TO CLAIMS THAT ANY OF YOUR CONTENT AND/OR DATA VIOLATES THE RIGHTS OF THIRD PARTIES; OR (D) PROTECT THE RIGHTS, PROPERTY, OR PERSONAL SAFETY OF MAYA PARFUMS, THE SITE, THE SERVICES, ITS USERS, AND THE PUBLIC.

       • IN THE EVENT THAT YOU PROVIDE MAYA PARFUMS WITH ANY FEEDBACK, SUGGESTIONS, COMMENTS OR IMPROVEMENTS WITH RESPECT TO THE SITE AND/OR SERVICES, YOU HEREBY GRANT MAYA PARFUMS WITH A NON-REVOCABLE, SUB-LICENSABLE AND ROYALTY-FREE RIGHT AND LICENSE  TO MAKE USE OF, COPY, DISCLOSE, LICENSE, AND DISTRIBUTE SUCH FEEDBACK, SUGGESTIONS, COMMENTS OR IMPROVEMENTS IN ANY MANNER WITHOUT ANY OBLIGATIONS, OF WHATEVER KIND, TOWARDS YOU. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A LIMITATION ON MAYA PARFUMS TO MAKE USE, DEVELOP AND MARKET ANY SERVICES INCORPORATING THE FEEDBACK, SUGGESTIONS, COMMENTS OR IMPROVEMENTS THAT YOU HAVE PROVIDED.

       • FOR THE AVOIDANCE OF DOUBT, ALL SUCH RIGHTS TO MAYA PARFUMS TO USE YOUR DATA SHALL BE GRANTED SOLELY FOR THE DURATION OF THIS AGREEMENT.

CONFIDENTIAL INFORMATION / THE PERSON IN RECEIPT OF CONFIDENTIAL INFORMATION (THE “RECEIVING PARTY”) SHALL HOLD AND MAINTAIN THE CONFIDENTIAL INFORMATION IN STRICTEST CONFIDENCE FOR THE SOLE AND EXCLUSIVE BENEFIT OF THE OTHER PARTY (FOR THE PURPOSES OF THIS SECTION, THE “DISCLOSING PARTY”). RECEIVING PARTY SHALL ENSURE RESTRICTION OF ACCESS TO CONFIDENTIAL INFORMATION TO ITS EMPLOYEES, CONTRACTORS AND THIRD PARTIES AS IS COMMERCIALLY AND REASONABLY REQUIRED AND SHALL REQUIRE THOSE PERSONS TO SIGN AND ABIDE BY NONDISCLOSURE RESTRICTIONS AT LEAST AS PROTECTIVE AS THOSE CONTAINED WITHIN THIS AGREEMENT. THE RECEIVING PARTY SHALL NOT, WITHOUT THE PRIOR WRITTEN APPROVAL FROM THE DISCLOSING PARTY, USE FOR RECEIVING PARTY'S OWN BENEFIT, PUBLISH, COPY, OR OTHERWISE DISCLOSE TO OTHERS, OR PERMIT THE USE BY OTHERS FOR THEIR BENEFIT OR TO THE DETRIMENT OF THE DISCLOSING PARTY, ANY CONFIDENTIAL INFORMATION. THE RECEIVING PARTY SHALL RETURN TO THE DISCLOSING PARTY ANY CONFIDENTIAL INFORMATION AND ALL RECORDS, NOTES, AND OTHER WRITTEN/PRINTED, OR TANGIBLE MATERIALS IN ITS POSSESSION PERTAINING TO CONFIDENTIAL INFORMATION IMMEDIATELY WHERE THE DISCLOSING PARTY SO REQUESTS IN WRITING.

WARRANTIES / MAYA PARFUMS WARRANTS AND REPRESENTS TO YOU THAT

       • THE INTELLECTUAL PROPERTY RIGHTS (INCLUDING WITHOUT LIMITATION ALL COPYRIGHT, TRADEMARKS, DESIGN RIGHTS, SERVICE MARKS, WHETHER REGISTERED OR UNREGISTERED) IN ANY MATERIAL PROVIDED BY MAYA PARFUMS AS PART OF THE SITE AND/OR THE SERVICES DO NOT, TO THE BEST OF PERFUMERIES KNOWLEDGE, INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS WHEN USED IN ACCORDANCE WITH THIS AGREEMENT;

       • MAYA PARFUMS WILL ONLY USE YOUR DATA IN ACCORDANCE WITH THIS AGREEMENT, INCLUDING ITS ANNEXES; AND

       • MAYA PARFUMS REPRESENTS AND WARRANTS TO YOU THAT IT HAS ALL NECESSARY RIGHTS AND AUTHORITY TO ENTER INTO THE PRINCIPAL AGREEMENT AND ANY ADDENDUM TO PERFORM THE SERVICES.

       • YOU REPRESENT AND WARRANT THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS APPLICABLE TO YOU WHEN USING OUR SERVICE. YOU AGREE TO PROVIDE AND MAINTAIN A LEGALLY ADEQUATE PRIVACY POLICY THAT ACCURATELY DISCLOSES YOUR PRACTICES WITH RESPECT TO THE COLLECTION, USE, AND DISCLOSURE OF PERSONAL DATA, INCLUDING PERSONAL DATA COLLECTED THROUGH YOUR USE OF OUR SERVICE. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER YOU ARE SUBJECT TO ANY SECTOR-SPECIFIC PRIVACY LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), THE GRAMM-LEACH BLILEY ACT (GLBA), THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA), THE FAMILY EDUCATION RIGHTS AND PRIVACY ACT (FERPA) OR ANY LAW CONCERNING THE PRIVACY OF ANY COLLECTED PERSONAL INFORMATION OR OTHER LAWS AS MAY BE APPLICABLE TO YOU, AND FOR DETERMINING WHETHER OUR SERVICE IS SUITABLE FOR YOU TO USE IN LIGHT OF THE APPLICATION OR POTENTIAL APPLICATION OF ANY SUCH LAWS OR REGULATIONS. IF YOU ARE SUBJECT TO SPECIFIC LAWS OR REGULATIONS, YOU REPRESENT AND WARRANT THAT YOUR USE OF OUR SERVICE WILL BE IN ACCORDANCE WITH SUCH LAWS OR REGULATIONS. MAYA PARFUMS WILL NOT BE HELD LIABLE FOR YOUR FAILURE TO PROVIDE A LEGALLY ADEQUATE PRIVACY POLICY OR IF OUR SERVICE DOES NOT MEET THE REQUIREMENTS IMPOSED BY ANY PRIVACY LAWS OR REGULATIONS TO WHICH YOU ARE SUBJECT.

YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY LOSSES, INCLUDING ATTORNEY FEES THAT RESULT FROM YOUR BREACH OF ANY PART OF THESE WARRANTIES;

YOU FURTHER AGREE THAT, IF APPLICABLE TO YOU, IN CONNECTION WITH YOUR USE OF THE SERVICE, TO COMPLY WITH ALL APPLICABLE EXPORT AND RE-EXPORT CONTROL LAWS AND REGULATIONS. YOU WARRANT THAT YOU ARE NOT LOCATED IN A UNITED NATIONS SECURITY COUNCIL SANCTIONED COUNTRY AND ARE NOT ON A SANCTIONED PERSONS LIST. YOU ALSO WARRANT THAT YOU WILL NOT PURCHASE THE SERVICE USING FUNDS SOURCED FROM A SANCTIONED COUNTRY.

LIMITATIONS / IN NO EVENT SHALL MAYA PARFUMS, ITS OWNERS, SUPPLIERS OR ANY OF THEIR RESPECTIVE OWNERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, INTERRUPTION, LOSS OF PROGRAMS OR OTHER INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM (I) YOUR USE OF OR ACCESS TO THE SITE AND/OR SERVICES, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE SITE AND/OR SERVICES, (II) FOR ANY FAILURE OR INTERRUPTION OF THE SITE AND/OR SERVICES; WHETHER ARISING OUT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATIONS OR TRANSMISSION OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF MAYA PARFUMS OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DATA RETENTION / MAYA PARFUMS COMMITS TO SECURELY STORING DATA ON BEHALF OF OUR CUSTOMERS. YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THAT MAYA PARFUMS DOES NOT PROVIDE ANY ARCHIVING OR BACKUP SERVICES, AND MAY DELETE DATA THAT IS NO LONGER IN USE AND EXCEEDS THE TIMEFRAMES STIPULATED IN THE APPLICABLE SUBSCRIPTION PLAN. MAYA PARFUMS EXPRESSLY DISCLAIMS ALL OBLIGATIONS WITH RESPECT TO ARCHIVING, STORAGE AND BACKUP OF DATA.

ENFORCING SECURITY / ACTUAL OR ATTEMPTED UNAUTHORIZED USE OF ANY OF THE SITE AND/OR SERVICES MAY RESULT IN THE INSTITUTION BY US OF CRIMINAL AND/OR CIVIL PROSECUTION. FOR YOUR PROTECTION, WE RESERVE THE RIGHT TO VIEW, MONITOR, AND RECORD ACTIVITY ON THE SITE AND/OR SERVICES WITHOUT NOTICE OR FURTHER PERMISSION FROM YOU, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, AND ONLY IN ACCORDANCE WITH THIS AGREEMENT. THIS RIGHT EXTENDS TO OUR REVIEW OF TRACKING ACTIVITY AND DETAILS PERTAINING TO CLAIMED VIOLATIONS BY YOU. ANY INFORMATION OBTAINED BY MONITORING, REVIEWING, OR RECORDING IS SUBJECT TO REVIEW BY LAW ENFORCEMENT ORGANIZATIONS IN CONNECTION WITH THE INVESTIGATION OR PROSECUTION OF POSSIBLE CRIMINAL ACTIVITY ON ANY OF THE SITES AND/OR SERVICES.