Terms of Service
These Terms of Service were last updated on September 17, 2020.
These Terms of Service set forth the terms on which we will provide access und usage to the website to you, a user of the website. By indicating acceptance of these Terms of Service, or by otherwise accessing or using https://www.scent-blend.com (the “Website”) or any other linked pages, features, content, or application services offered from time to time by Cyberpunk Guide 2077 on or through the website or extensions, apps or software applications , you acknowledge, and agree to be bound by these Terms of Service and our Privacy Policy located at https://cyberpunk-guide.net/privacy-policy. These Terms, along with the terms of your Plan (as defined below), are collectively referred to as this “Agreement.”
If you sign up for, or access or use the website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement, and the terms “you” or “your” herein shall include you, the individual user, and such entity. You, the individual user, represent and warrant that you are at least eighteen (18) years old and able to enter into contracts.
1. Certain Service Details and Definitions
- Scope of Use; Plan. You may access and use the website services solely for your own internal business purposes, and not for the use or benefit of any third party. You agree to access and use the website in accordance with the terms of the applicable plan agreed to by you and Cyberpunk Guide 2077 (including via an Order Form, Product Order or your selection of a feature plan via the website), which may impose limits on, for example, the amount of features used or the access to the website. Based on your Plan, Cyberpunk Guide 2077 may impose limits on certain features and services, as well as restrict your access to parts or all of the website. You agree to comply with all terms and conditions regarding your access and use of the website.
- Competitive Activities. You may not access or use the website if you are our direct competitor, except with our prior written consent. In addition, you may not access or use the website for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
- Users. “Users” are identifiable unique persons who are authorized by you to use the website on your behalf, and who have each been supplied unique user names and passwords by you (or by us at your request). For clarity, each user name and password are intended for use by a single designated person and may not be shared with other individuals.
- Features. “Features” are part of the website usage, which users can activate to enable functions of the website. The combination of features conclude the subscription plan and is in fact the service of the application.
- Submissions. The website may from time to time include interactive features such as blogs, forums, or any other feature by which you and/or others may post any content to the website. Any information or other content that you or others may post to any Forum will be considered “Forum Submissions” hereunder.
2. Changes
We may change any or all of the Cyberpunk Guide 2077 Terms by posting revised terms on the website and/or by posting notice of such changes within the application. Unless you terminate your account within ten (10) days, the new Cyberpunk Guide 2077 Terms will be effective immediately and apply to any continued or new use of the website. We may change or discontinue the website, or any features of the website, at any time.
3. Support
Cyberpunk Guide 2077 will use commercially reasonable efforts to provide you with support and maintenance for the website in accordance with our standard practices from time to time. You agree that Cyberpunk Guide 2077 will have the right to charge, in accordance with our then-current rates for any support and maintenance services resulting from problems, errors or inquiries relating to systems or any other network, equipment, service or software not owned, controlled or procured by Cyberpunk Guide 2077. Cyberpunk Guide 2077 shall have no obligation to provide updates (for example, patches or revisions to the website), except that we will provide you with any update that it makes generally available without charge to its similar customers.
Cyberpunk Guide 2077 will not be responsible or liable for any failure in the website resulting from or attributable to (i) your Systems (as defined below), (ii) network, telecommunications or other service or equipment failures outside of our server, (iii) your or any third party's products, services, negligence, acts or omissions, (iv) any force majeure or cause beyond Cyberpunk Guide 2077's reasonable control, (v) scheduled maintenance or (vi) unauthorized access, breach of firewalls or other hacking by third parties.
4. Certain Obligations and Restrictions
You represent and warrant to Cyberpunk Guide 2077 that: (i) all sign up and registration information you submit is accurate and truthful and (ii) you will maintain the accuracy of such information. You also certify that you take full responsibility for the selection and use of, and access to, the website, including your Plan.
You, represent and warrant that you will not contribute any Submissions (as defined below) or otherwise use the website in any manner that: (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) is in any way related to sending or tracking unsolicited commercial mail or spam; or (vii) unreasonably interferes with use of the website by other customers. Cyberpunk Guide 2077 reserves the right to remove any Submissions or Content (as defined below) from the website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Submissions or Content or if Cyberpunk Guide 2077 is concerned that you may have breached the immediately preceding sentence). You acknowledge and agree that you determine, in your sole discretion (through Your account settings or otherwise), that the Submissions that are provided to us by you that is collected or generated through your use of the website, do not violate the terms of this Agreement and, as a result, you, and not Cyberpunk Guide 2077, assume all risks associated with the provision of such Submissions and the collection or generation of such data. You agree to indemnify and hold Cyberpunk Guide 2077 harmless from all claims, damages, liabilities, losses, costs and expenses (including attorneys' fees) arising out of any use or disclosure of any of your Submissions. You agree to create archival copies or backup copies of all of your Submissions, as applicable. You represent and warrant that you possess all rights necessary to provide the Submissions, grant the licenses to Cyberpunk Guide 2077 and direct us to collect or generate the data on your behalf (if applicable) as set forth in this Agreement.
Additionally, You shall not (directly or indirectly) or permit any third party to: (i) interfere or attempt to interfere with the proper working of the website, the features or any activities conducted by the access and/or use thereof; (ii) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or in any way gather information, content or other materials from the website or reproduce or circumvent the navigational structure or presentation of the website; (iii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the website, except to the limited extent applicable laws specifically prohibit such restriction; (iv) use the website, or any of Cyberpunk Guide 2077’s documentation or confidential information, to create any website, software, documentation or service that is similar, in whole or part, to any of the website, any related software, or any documentation provided in connection therewith; (v) modify, translate, or otherwise create derivative works of any part of the website; or (vi) copy, license, sublicense, sell, resell, encumber, rent, lease, time-share, distribute, transfer or otherwise use or exploit or make available any of the services (including in any service bureau arrangement or otherwise) for the benefit of any third party without the prior written consent of Cyberpunk Guide 2077, unless otherwise expressly permitted by your Plan.
5. Fees and Payment
- Generally. Cyberpunk Guide 2077 reserves the right to require payment of fees for certain or all services. You shall pay all applicable fees, as described on the website, within the services, pursuant to your Plan, and/or, if applicable, as mutually agreed upon by you and us, in connection with such services (the “Fees”). Any services not set forth in your Plan or as otherwise mutually agreed upon by you and us may be subject to additional fees.
- Plan Limits. If you use any features that are only included in a features plan that is higher-priced than your Plan, or if you otherwise exceed the allowable limits of your Plan, Cyberpunk Guide 2077 reserves the right to automatically upgrade your Plan to the appropriate higher-priced feature plan and charge you the applicable fees for that Plan effective as of the date you use such feature(s) and/or exceed the limits of your Plan. Cyberpunk Guide 2077 may, but is not obligated to, contact you to warn you if you have exceeded the included features, limits or other terms of your Plan. Notwithstanding the foregoing, you are solely responsible for reviewing the website, Your use of the website, and remaining aware of the limits of your Plan.
- Monthly Plans: Upon signing up for any monthly plan, you will be able to use the applicable features as described on the website for free. You may cancel at any time through your settings account at no charge. If you do not cancel during the Trial, you will commence the paid monthly subscription term as of the first calendar day immediately following the end of the Trial. The first date of your paid subscription term is your “Subscription Start Date,” and you will be responsible to pay the applicable subscription fees for your Plan on that date. Thereafter, your subscription will automatically renew for successive one (1)-month periods, and you shall be responsible to pay the fees, on each monthly anniversary of your Subscription Start Date (each a “Monthly Subscription Billing Date”) (or the last calendar day of a given month if Your Monthly Subscription Billing Date does not occur in that month), unless you cancel your subscription through your settings account prior to the end of the then-current subscription term. To clarify, if your Subscription Start Date is on the 15th day of a given month, your Monthly Subscription Billing Date for each subsequent renewal term will be the 15th of each month. If, however, your Subscription Start Date is on the 31st day of a given month, and the next subsequent month has only thirty (30) days, your Monthly Subscription Billing Date for that given month will be the 30th instead. You may upgrade or downgrade your Plan at any time through your Services account. Any such change in your Plan made by you through your settings account will take effect immediately, and you will be promptly charged a pro rata amount for any increase in the applicable fees for your newly elected Plan (i.e., an amount equal to your Plan’s current remaining partial and/or unused day(s) at the applicable fee level for the newly selected Plan, less the Fee already paid for your original Plan) on the next available billing date. Any change in your Plan will not, however, change your Monthly Subscription Billing Date. Thereafter, you will be billed the new fees on your Monthly Subscription Billing Date for each subsequent renewal term.
- Changes; Payments; Taxes. We reserve the right to change our fees and to institute new charges at any time (including, for clarity, for any subscription renewal), upon notice to you, which may be sent by email or posted on the website or in the feature plan. Your use of the features following such notification constitutes your acceptance of any new or increased fees. All payments shall be made in Euros and, when paid, are non-cancelable, non-contingent and non-refundable, except as otherwise provided herein. We are not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees arising from or related to charges billed by us. All payments hereunder are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and you agree to bear and be responsible for the payment of all such amounts, excluding taxes based upon Cyberpunk Guide 2077’s net income. All amounts due hereunder shall be grossed-up for any withholding taxes imposed by any foreign government.
- Billing and Payment Information. Unless otherwise agreed by you and Cyberpunk Guide 2077, in order to sign up for a premium account, you must provide our payment partner with accurate and complete billing information including legal name, address, state, zip code (if applicable), telephone number, and a valid credit card if subscribing to a monthly plan or opting to pay an annual plan via credit card. By submitting such credit card information, you give Cyberpunk Guide 2077 permission to charge all fees incurred through your account to the designated credit card. Cyberpunk Guide 2077 reserves the right to terminate this agreement in accordance with Section 13 hereof if a customer does not provide a valid credit card or pay invoices timely for the payment of fees hereunder.
6. Refunds
Except as expressly provided below in this section, or as otherwise agreed to by Cyberpunk Guide 2077 in its sole discretion, there are no refunds or credits for partial subscription terms of services, upgrades or downgrades, or unused subscription terms. If You have subscribed and paid for your Plan and Cyberpunk Guide 2077 terminates your account as permitted in Section 13 below for no reason (for clarity, excluding any termination for breach or other reason permitted in this Agreement), a portion of the amount you have paid that is attributable to the post-termination period on a pro rata basis will be refunded.
7. Content, Submissions, and Publication Data
- Content. The website and their content are intended for use solely for your own personal or internal business purposes and may only be used in accordance with the terms of this agreement. All data, materials and information that may be displayed or performed on, accessed through, contributed to, or generated through the website including, but not limited to text, graphics, software, scripts, sounds, music, videos, audiovisual combinations, interactive features, articles, photographs, images, illustrations (collectively, also known as the “Content,” and which includes forum submissions of third parties) are protected by copyright and/or other intellectual property rights. You acknowledge and agree that the services and content (including all related software, functionality, algorithms, concepts, materials, formats, templates, rules, technology and related intellectual property) are owned by Cyberpunk Guide 2077, its licensors or other providers. You shall abide by all copyright notices, trademark rules, restrictions and other information contained in any content accessed through the website or other services, and you shall not use (except as otherwise expressly permitted in this agreement), copy, reproduce, modify, create derivative works based on, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Under no circumstances will Cyberpunk Guide 2077 be liable in any way for any content, including, but not limited to, any errors or omissions in any content.
- Trademarks. Trademarks, service marks, graphics and logos used in connection with the website are unregistered or registered trademarks of Cyberpunk Guide 2077. Certain trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of third parties.
- Publications and Submissions. In the course of using the website, you and other users may provide, directly or indirectly, information which may be used by Cyberpunk Guide 2077 in connection with the provision of the website. You hereby grant, and agree to grant, to Cyberpunk Guide 2077 a nonexclusive, worldwide, royalty-free, sub-licensable and transferable right during the term of this agreement to use, copy, reproduce, reformat, modify, create derivative works based on, excerpt, translate, distribute, publish, transmit, perform, upload, or display such publications and submissions (including under all related intellectual property rights) solely in connection with performing for you or providing to you our services.
- Forum Submissions. If you choose to post any Forum Submissions (as defined above), the below license is relevant. You hereby grant, and agree to grant, to Cyberpunk Guide 2077 a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to use, copy, reproduce, reformat, modify, create derivative works based on, excerpt, translate, distribute, publish, transmit, perform, upload, display, or otherwise exploit in any manner, your Forum Submissions (including under all related intellectual property rights).
- Your Ownership; Compliance with Laws. For clarity, the foregoing license grants to Cyberpunk Guide 2077 do not affect your ownership of or right to grant additional non-exclusive licenses to your publications and submissions, Forum Submissions (together, “Submissions”), unless otherwise agreed in writing. Notwithstanding the foregoing, any license granted to Cyberpunk Guide 2077 in this agreement includes the right to use (including disclose) any submissions or publications to comply with any legal, regulatory or similar requirement or investigation.
8. Use of Name
You hereby grant to Cyberpunk Guide 2077 the limited right to use your name and any related logo to identify you as a customer of Cyberpunk Guide 2077 in listings of its customers, including in its marketing materials or websites.
9. Indemnity
You will indemnify and hold Cyberpunk Guide 2077 harmless (including, without limitation, from all damages, liabilities, settlements, costs and expenses, including attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to or use of the website, your violation of this agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including claims for infringement arising from or related to use of the website in combination with any content, technology or process(es) not provided by Cyberpunk Guide 2077 where such claim or infringement would not have occurred in the absence of such combination, except to the extent such claim or demand arises from any breach by Cyberpunk Guide 2077.
10. Interaction with Third Parties
The website may contain links to third party websites or services (collectively, “Third Party Websites”) that are not owned or controlled by Cyberpunk Guide 2077. When you access Third Party Websites, You do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the website and that you will act in accordance with those policies, in addition to your obligations under this agreement. Cyberpunk Guide 2077 has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, we will not and cannot monitor, verify, censor or edit the content of any Third Party Websites. By using the website, you expressly relieve and hold harmless Cyberpunk Guide 2077 from any and all liability arising from your use of any Third Party Website.
11. Termination
This Agreement shall remain in full force and effect while you use the website. You may terminate your use of the services at any time through your settings account. Cyberpunk Guide 2077 may terminate or suspend your access to the website or your subscription at any time with or without notice, for any reason, which termination or suspension may result in the forfeiture and destruction of all information associated with your subscription. Cyberpunk Guide 2077 shall have no liability to you or any third party because of such termination or suspension. Without limiting its termination rights above, Cyberpunk Guide 2077 may terminate or suspend any and all Services or access or use thereof immediately, without prior notice or liability, if you breach any of the terms or conditions of this agreement. Upon termination of your account, Your right to access and use the website (including, without limitation, any content, publications and submissions) will immediately cease. All provisions of this agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, intellectual property-related restrictions, indemnification obligations, warranty disclaimers, and limitations of liability. In addition, all remedies for breach of this agreement shall survive any termination of this agreement.
12. Feedback
If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, or ideas related to the website (collectively "Feedback"), the Feedback will be the sole property of Cyberpunk Guide 2077. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We are and shall be under no obligation to maintain any Feedback in confidence, or to respond to any Feedback.
13. Forums
In connection with any Forum (as defined above), any opinions expressed are the personal opinions of the original authors, and any Forum Submissions that are provided are for informational and entertainment purposes only and are not meant to be an endorsement or representation by Cyberpunk Guide 2077 or any other party. Cyberpunk Guide 2077 does not assume any responsibility or liability for any Forum Submissions or any website linked to the website and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of Forum Submissions. No information you consider confidential should be posted to a Forum. It is in your sole discretion as to whether or not to post any content to a Forum. Without limiting its rights to your Forum Submissions under Section 7 above, Cyberpunk Guide 2077 may modify or delete Forum Submissions in its sole discretion and without your permission. However, Cyberpunk Guide 2077 shall not be responsible for controlling or editing any Forum Submissions, nor can we ensure prompt removal of inappropriate or unlawful Forum Submissions.
14. Copyright Dispute Policy
It is Cyberpunk Guide 2077’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of Our advertisers, affiliates, content providers, or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the website infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Cyberpunk Guide 2077 is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (iii) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Cyberpunk Guide 2077’s policy:
- to remove or disable access to the infringing material;
- to notify the content provider or user that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that Cyberpunk Guide 2077 will terminate such content provider’s or user’s access to the website.
Procedure to Supply a Counter-Notice:
If the content provider or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider or user, must send a counter-notice containing the following information to the Cyberpunk Guide 2077 listed below:
- A physical or electronic signature of the content provider or user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction for the judicial district in which Cyberpunk Guide 2077 is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Cyberpunk Guide 2077, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Cyberpunk Guide 2077’s discretion.
15. Contact
If You have any questions, complaints, or claims with respect to the website, You may contact us at: [email protected].