By using ISmellPennies Services, you agree to these conditions. Please read them carefully.
We offer a wide range of ISmellPennies Services, and sometimes additional terms may apply. When you use an ISmellPennies Service (for example, Your Profile, Gift Cards, ISmellPennies Video, Your Media Library, ISmellPennies devices, or ISmellPennies applications) you also will be subject to the guidelines, terms and agreements applicable to that ISmellPennies Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of ISmellPennies Services, to understand our practices.
When you use ISmellPennies Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other ISmellPennies Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any ISmellPennies Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of ISmellPennies or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any ISmellPennies Service is the exclusive property of ISmellPennies and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any ISmellPennies Service are trademarks or trade dress of ISmellPennies in the U.S. and possibly other countries. ISmellPennies' trademarks and trade dress may not be used in connection with any product or service that is not ISmellPennies', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ISmellPennies. All other trademarks not owned by ISmellPennies that appear in any ISmellPennies Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ISmellPennies.
One or more patents owned by ISmellPennies apply to the ISmellPennies Services and to the features and services accessible via the ISmellPennies Services. Portions of the ISmellPennies Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, ISmellPennies or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the ISmellPennies Services. This license does not include any resale or commercial use of any ISmellPennies Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any ISmellPennies Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by ISmellPennies or its licensors, suppliers, publishers, rightsholders, or other content providers. No ISmellPennies Service, nor any part of any ISmellPennies Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ISmellPennies. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ISmellPennies without express written consent. You may not use any meta tags or any other "hidden text" utilizing ISmellPennies' name or trademarks without the express written consent of ISmellPennies. You may not misuse the ISmellPennies Services. You may use the ISmellPennies Services only as permitted by law. The licenses granted by ISmellPennies terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own ISmellPennies account to use certain ISmellPennies Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. ISmellPennies does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the ISmellPennies Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their ISmellPennies Household. Alcohol listings on ISmellPennies are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. ISmellPennies reserves the right to refuse service, terminate accounts, terminate your rights to use ISmellPennies Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, questions, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ISmellPennies reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant ISmellPennies a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ISmellPennies and sub-licenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ISmellPennies for all claims resulting from content you supply. ISmellPennies has the right but not the obligation to monitor and edit or remove any activity or content. ISmellPennies takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
ISmellPennies respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our
RISK OF LOSS
All purchases of physical items from ISmellPennies are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
ISmellPennies does not take title to returned items until the item arrives at our return center. At our discretion, a refund may be issued without requiring a return. In this situation, ISmellPennies does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center .
ISmellPennies attempts to be as accurate as possible. However, ISmellPennies does not warrant that product descriptions or other content of any ISmellPennies Service is accurate, complete, reliable, current, or error-free. If a product offered by ISmellPennies itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on ISmellPennies and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on ISmellPennies.
With respect to items sold by ISmellPennies, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by ISmellPennies is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
We do not have any apps at this time.
SANCTIONS AND EXPORT POLICY
You may not use any ISmellPennies Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using ISmellPennies Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including ISmellPennies Software), technology, and services.
Parties other than ISmellPennies operate stores, provide services or software, or sell product lines through the ISmellPennies Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from ISmellPennies. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). ISmellPennies does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE ISMELLPENNIES SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ISMELLPENNIES SERVICES ARE PROVIDED BY ISMELLPENNIES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ISMELLPENNIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ISMELLPENNIES SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ISMELLPENNIES SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ISMELLPENNIES SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, ISMELLPENNIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ISMELLPENNIES DOES NOT WARRANT THAT THE ISMELLPENNIES SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ISMELLPENNIES SERVICES, ISMELLPENNIES'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ISMELLPENNIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ISMELLPENNIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ISMELLPENNIES SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ISMELLPENNIES SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any ISmellPennies Service, or to any products or services sold or distributed by ISmellPennies or through ISmellPennies.net will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any ISmellPennies Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ISmellPennies.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of ISmellPennies Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Crystal River, FL 34423
ADDITIONAL ISMELLPENNIES SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with ISmellPennies Services (the "ISmellPennies Software").
- Use of the ISmellPennies Software.You may use ISmellPennies Software solely for purposes of enabling you to use the ISmellPennies Services as provided by ISmellPennies, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the ISmellPennies Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the ISmellPennies Software in whole or in part. All software used in any ISmellPennies Service is the property of ISmellPennies or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering.You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the ISmellPennies Software, whether in whole or in part.
- We may offer automatic or manual updates to the ISmellPennies Software at any time and without notice to you.
- Government End Users.If you are a U.S. Government end user, we are licensing the ISmellPennies Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the ISmellPennies Software are the same as the rights we grant to all others under these Conditions of Use.
- In the event of any conflict between these Conditions of Use and any other ISmellPennies or third-party terms applicable to any portion of ISmellPennies Software, such as open-source license terms, such other terms will control as to that portion of the ISmellPennies Software and to the extent of the conflict.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:
Crystal River, FL 34423
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.