TERMS OF USE
  1. YOUR ACCEPTANCE
    1. By submitting Content (a comment/story/image/picture/video) to Pastiche, LLC you signify your agreement to these terms and conditions (the "Terms of Use") and Pastiche, LLC's privacy policy, found at pasticheperfume.com and incorporated herein by reference. If you do not agree to any of these terms or the Pastiche, LLC privacy policy, please do not submit Content to Pastiche, LLC.
    2. "Content" includes the text, graphics, photos, sounds, music, videos, audiovisual combinations and other materials you may view on, access through, or contribute to Pastiche, LLC.
    3. The Pastiche, LLC websites may contain links to third party websites that are not owned or controlled by Pastiche, LLC. Pastiche, LLC has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third party websites. We encourage you to be aware when you leave Pastiche, LLC's websites and to read the terms and conditions and privacy policy of each other website that you visit.
    4. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. Pastiche, LLC may, in its sole discretion, modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions.

  2. YOUR CONTENT
    1. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Pastiche, LLC, you hereby grant Pastiche, LLC a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, make changes to, prepare derivative works of, and display the Content.
    2. You further agree that Content you submit will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Pastiche, LLC all of the license rights granted herein.
    3. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Pastiche, LLC all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication pursuant to these Terms of Use.
    4. Pastiche, LLC does not endorse any Content submitted by any user or other licensor, and Pastiche, LLC expressly disclaims any and all liability in connection with Content. Pastiche, LLC does not permit copyright infringing activities and infringement of intellectual property rights, and Pastiche, LLC will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Pastiche, LLC reserves the right to remove Content without prior notice.

  3. DIGITAL MILLENNIUM COPYRIGHT ACT
    1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Pastiche, LLC with the following information in writing:
      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Notifications of claimed infringements should be directed as follows:
      • Email should be sent to support@pasticheperfume.com
      • Traditional mail should be sent to:
          Pastiche Custom Perfume
          ATTN: Bill Knees
          PO Box 1398
          Rancho Santa Fe, CA 92067

  4. LIMITATION OF LIABILITY
    In no event shall Pastiche, LLC, its officers, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Content (iii) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

    YOU SPECIFICALLY ACKNOWLEDGE THAT PASTICHE, LLC SHALL NOT BE LIABLE FOR CONTENT OR THE CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  5. INDEMNITY
    To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Pastiche, LLC, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to Pastiche, LLC Content; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use.

  6. ABILITY TO ACCEPT TERMS OF USE
    You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 18.

  7. ASSIGNMENT
    These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pastiche, LLC without restriction.
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