Terms of Use

When you use NSTDM’s websites or social media sites (“Sites”) for any reason, such as to purchase products, watch videos, enjoy images, and generally connect with NSTDM, your use will be governed by these terms and conditions as well as our related policies, like our Privacy Policy (collectively, “Terms”). By using our Sites, you agree to these Terms. If you do not wish to be bound by the Terms, then we require that you not use or visit our Sites.

We reserve the right to update or modify these Terms at any time without prior notice. Your use of our Sites after such changes constitutes your agreement to the changes.

These Terms, and any actions or proceedings relating thereto, will be governed by the laws of Delaware. If any provision or part of these Terms is declared invalid or unenforceable for any reason, it will not affect the validity and enforceability of the remaining provisions of these Terms, which will continue in full force and effect.

YOUR ACCOUNTS AND ELIGIBILITY TO USE OUR SITES


If you create accounts on our Sites, you are responsible for maintaining the confidentiality of those accounts, including passwords and logins. You accept responsibility for activities that occur under your accounts. We reserve the right to deny the creation of accounts, terminate accounts, remove information, images or other materials that you have posted to our Sites (“User Content”) or cancel orders for our products at any time if we believe it is reasonable to do so.

You may use our Sites only if you are an adult, by law, in the jurisdiction in which you reside (which is 18 in most states, but might be older). By creating an account, placing an order for our products, or posting to our Sites, you warrant that you have reached the age of majority in your jurisdiction, and that you are providing accurate and truthful information.


Our Sites are controlled, operated and administered from the United States (the “US”). We make no representation that our Sites are appropriate, legal or available for use outside of the US. Access to our Sites is prohibited in those jurisdictions where our the information, images or other materials posted to our Sites (“Content”), as well as our products or services (“Products”) are illegal. You may not use the Site or export its Contents or products in violation of any rule, regulation or law that is applicable to such activities (“Applicable Law”).

COPYRIGHTS

We at Heretic spend considerable time and energy creating our Content. All Content on our Sites is owned by us, or one of our licensors, and is the sole property of Heretic (or a licensor). All aspects of our Sites, including the Content, is protected by intellectual property rights, such as copyright law. Any Content that is a trademark, logo, or service mark is a registered or unregistered trademarks of Heretic or its licensors.

You may not, without our express, written permission: (i) copy, publish, imitate, post, transmit or use any Content or other aspect of our Sites in any manner; (ii) modify the Content; (iii) remove or alter any copyright or other proprietary notice on the Content; (iv) sell, resell, create derivatives of or make commercial use of the Sites or Content, or; (v) use any data mining, robots or similar data gathering or extracting methods with respect to the Sites.

All NSTDM names, product names and logos are NSTDM trademarks and may not be copied, imitated or used in any other manner without our prior written permission. In addition, all page headers, custom graphics, button icons, scripts and other similar aspects of our Sites are our service marks, trademarks or trade dress, and may not be copied, imitated or used in any other manner without our prior written permission.

Be aware that NSTDM takes action to enforce its intellectual property rights, including the filing of lawsuits; we will even seek criminal prosecution.

DMCA/COPYRIGHT POLICY

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (“DMCA”). If you believe we, or any user of the Site, has provided Content that infringes a copyright in a material way, please notify us and provide the following:

• A description of the Content that you believe is infringing upon someone’s intellectual property right (so we can find it on our Site);
• your name, address, telephone number, and email address;
• a document signed by you, under penalty of perjury, that states you are authorized to act by the owner of intellectual property at issue, and that you believe in good faith that the Content on our Site infringes that intellectual property.

Please direct such statements and questions to: CONTACT@NOUSSOMMESTOUSDESMONSTRES.COM - Attention: General Counsel

Upon receipt of your notice, we will investigate your statements. We may request additional information in furtherance of investigation before we remove potentially infringing Content. On the other hand, we have an absolute right to remove any Content from our Sites at any time pending the resolution of our investigation, or for any other reason.

WEB ACCESSIBILITY

We strive to provide an accessible experience for all online customers and visitors to our Sites. As part of that goal, we work with third party platform providers that are committed to complying with the standards of the Web Content Accessibility Guidelines (WCAG) 2.1. We will routinely evaluate our current and future third party service providers, as well as our own Site development, for such compliance. You are invited to report any perceived issues in this regard to our web team at legal@hereticparfum.com. We will look into these issues and remedy where possible and necessary.

NSTDM MESSAGING TERMS & CONDITIONS

NSTDM (hereinafter, "NOUS SOMMESTOUSDESMONSTRES," "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 Messaging Privacy Policy. 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 Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.

1. User Opt In. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from NSTDM, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing text messages is not a condition of any purchase. 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. Message frequency varies.

2. 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 acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Heretic Parfum and its service providers will have no liability for failing to honor such requests. 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.

3. Other Terms and Policies. You also agree to our Messaging Privacy Policy, NSTDM Terms of Service and NSTDM Privacy Policy.