Funk Factory Terms & Conditions – ~Pourri
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Funk Factory Terms & Conditions

  1. End user licensing Agreement (EULA)
    1. The loyalty rewards platform, including all associated products and services, is provided by Scentsible LLC through a mobile software application developed by The Ninth LLC (the "Mobile App"). Your access to and use of the Mobile App are governed by a separate End User License Agreement (EULA), which is presented for digital acceptance within the Mobile App.
    2. By downloading, accessing, or using the Mobile App, you acknowledge and agree that:
      1. You are bound by the terms and conditions of the EULA provided within the Mobile App, in addition to this Terms and Conditions Agreement.
      2. Compliance with the EULA is a mandatory condition for the continued use of the Mobile App and the loyalty rewards platform.
      3. In the event of any conflict between this Terms and Conditions Agreement and the EULA, the terms of the EULA shall prevail with respect to your use of the Mobile App.
    3. This Terms and Conditions Agreement includes and incorporates by reference the terms of the EULA. Your acceptance of this Agreement constitutes your acceptance of the EULA and any additional terms provided within the Mobile App.
  2. Eligibility
    1. Age Requirement
      1. Platform Access: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
    2. Reward Redemption & Prize Eligibility
      1. Users must be 18 years or older to participate and redeem or claim points, offers, or prizes earned in the app. Select prizes require 21+ to claim with valid US issued ID. Select prizes require valid mailing addresses within the continental US and or exclude free shipping.
      2. Participation is valid for US residents only with valid mailing addresses within the US and US issued ID
      3. No employees, their relatives, or anyone closely associated with the employees of Scentsible LLC (Pourri) are eligible for winning prizes.
  3. User Accounts & Account Security
    1. Account Creation:
      1. Users Must use first signup using the same email used to create pourri.com loyalty account. If a pourri,com account was not created prior to signing up for the app one will be created for you.
    2. Opt Out:
      1. Members must maintain an active Program membership to earn and redeem points. You may opt out of the Program at any time. If you opt out of the Program, you will no longer earn points or be able to redeem points and you will forfeit your unused and unexpired points. Deletion of points is final and cannot be reversed. To cancel please follow instructions on account setting page or contact our customer service team via Questions@pourri.com
  4. Loyalty Rewards
    1. Reward Point System & Classification:
      1. The Loyalty Rewards Program consists of two distinct types of currency, each earned through specific actions and redeemable for unique reward types:
        1. Loyalty tokens: Loyalty Tokens serve as the primary currency within the Loyalty Rewards Program. Loyalty Tokens can be earned through various activities, such as examples outlined in Clause 4.2. Loyalty Tokens are redeemable solely for Program offers or rewards available on Pourri.com or within the Program's Mobile Application as the offer or rewards are available.
        2. Funk Coins - Funk Coins are a secondary currency earned exclusively through in-app engagement, as specified in Clause 4.3. Funk Coins do not hold any direct redemption value but are used to operate the "Funk-o-matic" rewards machine within the Mobile Application to an item currently available in the rewards gift for members of the loyalty program.
    2. Earning rules specification
      1. Ways to earn Loyalty Tokens: Users may earn Loyalty Tokens through several methods, including but not limited to:
        1. Account Creation: Registering a new account within the Program.
        2. Profile Completion: Providing complete and accurate profile information.
        3. Marketing Consent: Consenting to receive marketing communications from ~Pourri or its partners.
        4. Product Engagement: Utilizing an NFC-compatible mobile device to interact with qualifying tap-enabled products.
        5. Limited-Time Tasks or Challenges: Completing specific tasks or challenges within designated availability periods.
        6. Social Media Engagement: Following official brand or partner social media channels.
      2. Ways to earn Funk Coins: Funk Coins are primarily earned through select in-app engagements, including but not limited to:
        1. Digital Activations: Achieving specified engagements or accomplishments within the app's digital features (e.g., winning rounds in the currently available game).
        2. Event Participation: Attending select live events hosted by Scentsible LLC or its partners.
      3. Additional Earning Opportunities: Scentsible LLC and its partners reserve the right to add or remove methods for earning Loyalty Tokens or Funk Coins at their sole discretion. Certain earning opportunities may require: Completion of activities within specified timeframes or participation in live events to be eligible for earning rewards.
      4. Pending Point timeframes: To prevent potential fraudulent behavior or program exploits, not all points shall be rewarded immediately at the completion of a task. Depending on the tasks and item completed tokens or coins may be in a pending window of 2-30 days before they are credited to an account.  Should fraudulent activities, or exploitative behavior be suspected or discovered in this window the points are subject to being withheld at the discretion of Scentsible LLC or its partners.
    3. Points and rewards values
      1. Neither the loyalty program's Funk Coins nor Loyalty Tokens hold any monetary value and cannot be exchanged for cash or any form of legal tender. These currencies are intended solely for the redemption of qualified reward items made available to consumers within their respective promotional periods.
      2. The redemption rate or redemption value (i.e., the number of points required relative to the retail value of a reward) varies with each promotional offer or reward item. Redemption offers are available for a limited time and are subject to change. Scentsible LLC and its operating partners reserve the right, at their sole discretion, to adjust the redemption value of any award at any time without prior notice.
    4. Redemption
    5. Substitution & Transferability:
      1. Unless otherwise specified, all loyalty points, prizes earned, accounts created, and offers provided—whether claimed or unclaimed—are non-transferable and must be redeemed solely by the original account holder.
      2. Users are not permitted to make substitutions for offers, points, or prizes won. In the event that Scentsible LLC is unable to provide the redemption or prize claimed, Scentsible LLC reserves the right, at its sole discretion, to provide a substitute of equal or greater value; or refund the points used in the initial transaction. If you have a question or concern about a substitution  please contact our customer service team via Questions@pourri.com
    6. Reward Redemption Limitations
      1. Redemption of rewards, products, offers, or discounts earned or won through the use of the program or the Mobile Application ("App") maub be subject to limitations: including but not limited too:
        1. Single Redemption per Reward: Unless otherwise specified, each reward may be redeemed for only one eligible item. Additional limitations may apply.
        2. Exclusive Mobile Application & Tap Rewards: Select reward redemption offers, products, or prizes may be exclusively available through the download and use of the Mobile Application.
        3. Changes Reward Offering and Availability:Redemption offers and promotions are subject to change without prior notice. All redemption offers are valid while supplies last or until the expiration of the promotional period.
        4. Non-Stackable Offers or Redemptions: Unless otherwise noted, redemption discounts and promotional offer rewards may not be combined with any other offers.
        5. Shipping Rates and Free Shipping Thresholds: Unless otherwise specified, standard shipping rates apply, and existing "free shipping" promotional thresholds remain in effect. Users are required to pay shipping charges on orders containing redemption offers unless the order meets the current free shipping threshold applicable to such orders.
        6. Additional limitations may apply
  5. Tap NFC usage
    1. Tap Rewards are exclusively associated with qualified products enabled with Scentsible LLC's patent-pending tap technology ("Tap-Enabled Products"). To fully utilize and redeem rewards, users must possess a compatible smart device capable of reading NFC (Near Field Communication) technology and have a valid internet connection.
    2. Each tap enabled product is will be valid for a set number of reward producing  Each Tap-Enabled Product is valid for a predetermined number of reward-producing taps, as determined by the size and category of the product.Once a user has linked a Tap-Enabled Product to their account, that product becomes non-transferable and cannot be utilized by other users for the purpose of earning Tap Rewards.Tap-Enabled Products, once registered, are non-transferable and are intended for use solely by the original account holder.
  6. Community Guidelines / Prohibited Conduct and Content
    1. Breaching this Prohibited Code of Conduct may result in forfeiture of all earned points and immediate removal from the program. You are solely responsible for your conduct while using the App. By accessing or using the App, you agree to comply with these Terms of Use and all applicable federal, state, local, and international laws and regulations. You agree not to:
      1. Use the App in any manner that violates any applicable laws or regulations, including but not limited to laws regarding the export of data or software to and from the United States or other countries.
      2. Violate any contract, intellectual property right, or other third-party right, or commit a tort.
      3. Use the App in any way that could disable, overburden, damage, or impair the App, or interfere with any other party's use of the App, including their ability to engage in real-time activities.
      4. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
      5. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.
      6. Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
      7. Otherwise attempt to interfere with the proper working of the App.
      8. Use any robot, spider, crawler, scraper, or other automatic device, process, software, or means to access the App for any purpose, including monitoring or copying any material on the App.
      9. Bypass or circumvent any measures employed to prevent or limit access to any area, content, or code of the App (including, without limitation, any robot exclusion headers).
      10. Develop or use any applications that interact with the App without our prior written consent.
      11. Use the App to distribute unsolicited promotional or commercial content, or solicit other users of the App for commercial purposes.
      12. Use the App for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms of Use.
      13. Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm Scentsible, LLC or users of the App, or expose them to liability.
      14. Use the App to transmit or post any content that is unlawful, defamatory, libelous, obscene, pornographic, harassing, threatening, abusive, hateful, or otherwise objectionable.
      15. Engage in any behavior that constitutes harassment, abuse, or hate speech towards other community members or users of the App.
      16. Use hateful remarks or engage in conduct that is intended to harass, intimidate, or discriminate against others based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic.
  7. Privacy Policy:
    1. Please review full Policy in regards to privacy policy here.
  8. External Links:
    1. The Scentsible, LLC reward mobile application may contain links to external websites, including but not limited to websites owned or operated by Scentsible, LLC and those owned or operated by third-party partners. These external websites are not under the control of Scentsible, LLC. Scentsible, LLC is not responsible for and does not endorse the content of any external websites, including but not limited to any links contained in external websites, or any changes or updates to external websites.
    2. Each external website may have its own terms of use and privacy policies, which may differ from those of this App. It is your sole responsibility to review and comply with the terms and conditions and privacy policies of any external websites you choose to access.
    3. By accessing external links, you acknowledge and agree that:
      1. Scentsible, LLC makes no representations or warranties of any kind regarding the content, accuracy, functionality, or practices of external websites.
      2. Scentsible, LLC shall not be liable for any loss or damage arising from your use of or reliance on any content, goods, services, or information provided on or through external websites.
      3. Your use of external websites is entirely at your own risk
    4. To the fullest extent permitted by applicable law, Scentsible, LLC disclaims all warranties, express or implied, and shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with your access to or use of external links or external websites.
    5. You agree to indemnify, defend, and hold harmless Scentsible, LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of external websites.
  9. Intellectual Property Rights:
    1. All content, branding, and intellectual property related to the ~Pourri Funk Factory belong to The Ninth LLC. Unauthorized use or distribution is prohibited.
  10. Customer Content, Ratings, Reviews Submission Terms of use.
    1. These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by Scentsible, LLC (the "CRR Service").
    2. By submitting any content to Scentsible, LLC, you guarantee that:
      1. You are the sole author and owner of the intellectual property rights in the content;
      2. All "moral rights" that you may have in such content have been voluntarily waived by you;
      3. All content that you post is accurate;
      4. You are at least 18 years old;
      5. Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
    3. You further agree that you may not submit any content:
      1. That is known by you to be false, inaccurate or misleading;
      2. That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
      3. That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
      4. That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
      5. For which you were compensated or granted any consideration by any unapproved third party;
      6. That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
      7. That contains any computer viruses, worms or other potentially damaging computer programs or files.
    4. You agree to indemnify and hold Scentsible, LLC (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
    5. For any content that you submit, you grant Scentsible, LLC a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
    6. All content that you submit may be used at Scentsible, LLC's sole discretion. Scentsible, LLC reserves the right to change, condense, withhold publication, remove or delete any content on Scentsible, LLC's website that Scentsible, LLC deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Scentsible, LLC does not guarantee that you will have any recourse through Scentsible, LLC to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Scentsible, LLC reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not Scentsible, LLC, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Scentsible, LLC, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
  11. Dispute Resolution:
    1. In the event that there is a dispute, claim, or controversy between you and Us, or between you or any other third-party service provider acting on our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Addison, TX before one arbitrator.
    2. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect.
    3. NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    4. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Poo~Pourri’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
  12. Miscellaneous:
    1. Scentsible LLC (~Pourri) reserves the right to modify these Terms and Conditions at any time. Users are encouraged to review these terms periodically.
    2. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.