User Agreement

This User Agreement ("Agreement") is a legally binding contract between you ("you," "your," or "User") and BEMVILO ("we," "us," "our," or "the Operator") governing your access to and use of the BEMVILO website located at bemvilo.com (the "Site" or "Service"). By accessing, browsing, or otherwise using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you must immediately discontinue use of the Service.

1. Eligibility and Account Registration

You must be at least 13 years of age to use the Service. If you are under 18, you represent and warrant that your parent or legal guardian has reviewed and agreed to this Agreement on your behalf. By using the Service, you represent and warrant that you are legally capable of entering into a binding contract under the laws of the applicable jurisdiction.

The Service does not currently require user accounts for general access. If account-based features are introduced in the future, you will be required to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account.

2. Permitted Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes, subject to the terms of this Agreement. You may:

• Browse, read, and navigate the editorial content on the Service;
• Share links to pages on the Service through social media, email, or other platforms;
• Quote brief excerpts of content with proper attribution to BEMVILO and a link back to the original page on bemvilo.com.

3. Prohibited Conduct

You agree not to engage in any of the following prohibited activities while accessing or using the Service:

• Content Misappropriation: Republishing, reproducing, redistributing, or repurposing any content from the Service, in whole or in part, without our prior written consent, except as permitted by fair use under applicable copyright law;
• Automated Scraping: Using any robot, spider, scraper, crawler, or other automated means to access, collect, copy, monitor, or extract any content or data from the Service without our express prior written permission;
• System Interference: Interfering with, disrupting, or impairing the Service, its servers, networks, or infrastructure, including but not limited to transmitting viruses, malware, or other malicious code;
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means;
• Commercial Exploitation: Using the Service or any content from the Service for any commercial purpose, including but not limited to selling, licensing, or monetizing content, without our prior written consent;
• Fraudulent Activity: Submitting false or misleading information, impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity;
• Privacy Violation: Collecting or storing personal information about other users without their consent;
• Circumvention: Bypassing, disabling, or otherwise interfering with security-related features of the Service, including but not limited to features that prevent or restrict use or copying of any content;
• Encouraging Click Fraud: Clicking on advertisements displayed on the Service for purposes other than genuine interest, encouraging others to click on advertisements, or using any automated or deceptive means to inflate advertisement impressions or clicks;
• Traffic Manipulation: Using paid traffic services, click exchanges, auto-surf programs, email spam, or other deceptive methods to generate traffic to the Service.

Violation of any of these provisions may result in immediate termination of your access to the Service and may expose you to legal liability.

4. Intellectual Property Rights

All original content, features, functionality, design, layout, graphics, logos, and other materials displayed on the Service (collectively, "Content") are and shall remain the exclusive property of BEMVILO and its licensors. The Content is protected by copyright, trademark, and other intellectual property laws of the United States and other countries.

The BEMVILO name, logo, and all related marks are trademarks of the Operator. Fragrance names, brand names, product names, and product images referenced on the Service remain the property of their respective owners and are referenced for editorial and informational purposes only. Such references do not imply any endorsement, sponsorship, or affiliation with BEMVILO.

You may not reproduce, duplicate, republish, distribute, modify, transmit, create derivative works from, or otherwise exploit any Content, in whole or in part, for any commercial purpose without our prior written consent. Unauthorized use of any Content may violate copyright, trademark, and other laws and is strictly prohibited.

5. User-Submitted Content

The Service does not currently offer user accounts, comments, forums, or content submission features. If interactive features are added in the future, you will be solely responsible for any content you submit ("User Content"). By submitting User Content, you grant BEMVILO a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service.

You represent and warrant that you own or have the necessary rights to submit any User Content and that such content does not violate the rights of any third party, including intellectual property rights and privacy rights. BEMVILO reserves the right to remove any User Content at any time without notice.

6. Third-Party Services and Advertisements

The Service may display advertisements served by third-party advertising partners, including Google. These advertising partners may use cookies and similar technologies to serve ads based on your prior visits to this and other websites. The use of such technologies by third-party advertising partners is governed by their respective privacy policies and terms of service.

We do not control the content, accuracy, or practices of any third-party advertisements or websites linked from the Service. Your interactions with third-party advertisements and websites are solely between you and the third party. We encourage you to review the privacy policies and terms of service of any third-party services you encounter.

For information about how Google uses data when you use partner sites or apps, please visit: https://policies.google.com/technologies/partner-sites. To opt out of personalized advertising, visit: https://myadcenter.google.com/personalizationoff.

7. Editorial Accuracy and Disclaimers

We strive for accuracy in all editorial content. However, fragrance descriptions, note pyramids, and performance characteristics are subjective and may vary by batch, skin chemistry, and environmental conditions. We do not guarantee that every detail reflects the current formulation of any product. References to fragrance brands, products, or houses on the Service do not constitute endorsements or partnerships.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

8. Limitation of Liability

IN NO EVENT SHALL BEMVILO, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE.

To the maximum extent permitted by applicable law, the total liability of BEMVILO for any claim arising out of or relating to this Agreement or your use of the Service shall not exceed one hundred U.S. dollars ($100.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless BEMVILO and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorney's fees) arising from or relating to: (a) your use of or access to the Service; (b) your violation of this Agreement; (c) your violation of any applicable law or the rights of any third party; or (d) any User Content you submit (if applicable).

10. Account Suspension and Termination

We reserve the right to suspend, restrict, disable, or terminate your access to the Service at any time, without prior notice or liability, for any reason whatsoever, including without limitation if we believe you have violated this Agreement or applicable law. Upon termination, all licenses and rights granted to you under this Agreement shall immediately cease.

You may request termination of your access or deletion of any personal information associated with your use of the Service by contacting us at [email protected]. All provisions of this Agreement which by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

11. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to the data practices described in our Privacy Policy. This Agreement incorporates the Privacy Policy by reference.

12. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to this Agreement, your use of the Service, or the relationship between you and BEMVILO (a "Dispute") shall be resolved as follows:

a. Informal Resolution. The parties shall first attempt in good faith to resolve any Dispute through informal negotiation. The complaining party must provide written notice of the Dispute to the other party, and the parties shall attempt to resolve the Dispute within sixty (60) days of such notice.

b. Binding Arbitration. If the Dispute cannot be resolved through informal negotiation within the sixty-day period, the Dispute shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in the English language by a single arbitrator. Judgment on the arbitration award may be entered in any court having jurisdiction.

c. Class Action Waiver. You and BEMVILO agree that any arbitration shall be conducted on an individual basis only, and not as a class action or other representative proceeding. The parties expressly waive any right to bring a class action or consolidated proceeding.

d. Equitable Relief. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information at any time without first pursuing arbitration.

13. Governing Law and Jurisdiction

This Agreement and any dispute arising out of or relating to it shall be governed by and construed in accordance with the laws of the United States of America and the State of Delaware, without regard to its conflict of law provisions.

Subject to the dispute resolution provisions in Section 12, the exclusive jurisdiction and venue for any action or proceeding arising out of or relating to this Agreement or the Service shall be the state and federal courts located in Delaware, United States of America (the "Designated Courts"). You and BEMVILO each irrevocably submit to the exclusive jurisdiction of the Designated Courts and waive any objection based on forum non conveniens or improper venue.

14. Changes to This Agreement

We reserve the right, at our sole discretion, to modify, amend, or replace this Agreement at any time. We will endeavor to provide at least 30 days' notice prior to any new Agreement taking effect by updating the "Last Updated" date at the top of this page. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the modified Agreement, you must stop using the Service.

15. Compliance with Google Policies

The Service may participate in advertising programs, including the Google AdSense program. As a participant, BEMVILO adheres to Google's Publisher Policies and AdSense Program Policies. In particular:

• We do not encourage or incentivize users to click on advertisements displayed on the Service;
• We do not generate or direct traffic to the Service through paid traffic services, email spam, or deceptive practices;
• We do not click on our own advertisements or use automated means to inflate advertisement impressions or clicks;
• We do not place advertisements on pages without substantive content, on pop-up or pop-under windows, or in emails;
• We comply with the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising and the IAB Europe's EU Framework for Online Behavioural Advertising;
• We do not use sensitive personal information (such as health, financial, racial, religious, political, or sexual orientation data) to target personalized advertising.

For information on how Google uses data when you use partner sites and apps, and to manage your personalized ad preferences, please refer to the links provided in Section 6 of this Agreement.

16. Entire Agreement

This Agreement, together with the Privacy Policy and Terms of Service, constitutes the entire and exclusive agreement between BEMVILO and you regarding the Service, and supersedes and replaces any prior or contemporaneous agreements, communications, and understandings, whether oral or written, between you and BEMVILO regarding the subject matter hereof.

17. Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.

18. Waiver

The failure of BEMVILO to enforce any right or provision of this Agreement at any time shall not be deemed a waiver of such right or provision. No waiver shall be effective unless in writing and signed by an authorized representative of BEMVILO.

19. Contact Us

If you have any questions, comments, or concerns about this User Agreement, please contact us at:

BEMVILO — The Fragrance Journal
bemvilo.com
Email: [email protected]