Last Updated: December 5, 2024
These Terms of Use ("Terms") govern your access to and use of the website operated by BUBBLY SCENTS LLC ("we," "us," or "our"), including any content, functionality, and services offered on or through www.bubblyscent.com (the "Site").
Please read these Terms carefully before using our Site. By using the Site, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.
Eligibility
The Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with BUBBLY SCENTS LLC and meet all the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site.
Account Registration
In order to access certain features of the Site, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
Products and Purchases
All products displayed on the Site are subject to availability. We reserve the right to discontinue any product at any time.
Prices for products are subject to change without notice. We reserve the right to correct any errors or omissions, and to change or update information at any time without prior notice.
By making a purchase, you agree to pay the specified price for the product(s) plus any applicable taxes, shipping charges, and other fees. Payment must be made through our secure payment processing system powered by Shopify Payments.
Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BUBBLY SCENTS LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are permitted to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate BUBBLY SCENTS LLC, a company employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm BUBBLY SCENTS LLC or users of the Site or expose them to liability.
User Contributions
The Site may contain product reviews, forums, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials. Any user contribution you post to the site will be considered non-confidential and non-proprietary.
By providing any user contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that all user contributions comply with these Terms, and you will be liable for any breach of that representation and warranty.
Product Reviews
We encourage customers to share honest, unbiased reviews of our products. However, we reserve the right to remove reviews that contain:
- Offensive or inappropriate language
- Personal information
- Promotional content
- Content that violates intellectual property rights
- Content that is clearly fraudulent or misleading
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT, AND ANY PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BUBBLY SCENTS LLC NOR ANY PERSON ASSOCIATED WITH BUBBLY SCENTS LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.
Limitation of Liability
IN NO EVENT WILL BUBBLY SCENTS LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Indemnification
You agree to defend, indemnify, and hold harmless BUBBLY SCENTS LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan, in each case located in the County of Baraga. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by BUBBLY SCENTS LLC of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BUBBLY SCENTS LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Changes to the Terms
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
Contact Us
If you have any questions about these Terms, please contact us:
BUBBLY SCENTS LLC
20450 RUSTIC VIEW RD SE
MONROE WA 98272-7633
USA
Phone: (212) 627-2332
Email: sales@bubblyscent.com