2025 © Cupids. All rights reserved.
(513) 540-0761
2025 © Cupids. All rights reserved.
(513) 540-0761
TERMS OF USE AND CONDITIONS OF SALE
OVERVIEW
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND CONDITIONS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 13 AND 14). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of www.cupids.com, www.cupidfragrances.com including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Cupids LLC (“Cupids,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order on the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 15 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page (https://www.cupids.com/policies/terms-of-service). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
TABLE OF CONTENTS
1. WEBSITE USE
2. PRIVACY & SECURITY DISCLOSURE
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
5. NO MEDICAL ADVICE, AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
6. MODIFICATIONS TO THE WEBSITE AND PRICES
7. PAYMENT
8. ORDER PLACEMENT AND ACCEPTANCE
9. SHIPPING
10. DELIVERY CONFIRMATION
11. 30 DAY RETURN POLICY
12. SOCIAL MEDIA
13. DISCLAIMER OF WARRANTIES
14. DISCLAIMER OF LIABILITIES
15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
16. INDEMNIFICATION
17. THIRD-PARTY WEBSITES AND LINKS
18. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
19. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
20. ELECTRONIC COMMUNICATIONS
21. ASSIGNMENT
22. NO WAIVER
23. SEVERABILITY
24. TERMINATION
25. ENTIRE AGREEMENT
26. QUESTIONS OR ADDITIONAL INFORMATION
TERMS OF USE AND CONDITIONS OF SALE
1. WEBSITE USE
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
2. PRIVACY & SECURITY DISCLOSURE
Our Privacy Policy may be viewed at https://www.cupids.com/policies/privacy-policy. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing abusive, vulgar, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.
Cupids reserves the right to terminate your access to the Website or any of its services if it determines that you (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Cupids’ rights or interests in its Website, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. Cupids may take any other actions necessary in this regard or seek any remedies permitted by law.
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
You further agree that any products or services you purchase from Cupids on or through the Website will be used for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order from the Website. Resale of our products outside of authorized channels can result in the product becoming materially different, which may affect safety, efficacy, or the ability to honor warranties or guarantees. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5. NO MEDICAL ADVICE, PHEROMONE DISCLOSURE, AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
The material on the Website is provided for general informational purposes only and is not intended as medical advice or as a substitute for seeking advice from a qualified healthcare provider. The statements made on this Website have not been evaluated by the Food and Drug Administration. You should consult your healthcare provider before using any information provided by Cupids.
The products marketed as pheromone-infused fragrances on this Website are designed for entertainment purposes and personal enjoyment. These products contain synthetic pheromones which are claimed to enhance personal attractiveness to others. However, please be advised that the effectiveness of pheromone fragrances has not necessarily been scientifically proven in human clinical studies, and results may vary significantly between individuals. Consumers should also note that the perception of attractiveness and the response to pheromones are highly subjective and influenced by numerous factors beyond the presence of pheromones. Thus, we do not guarantee any specific outcomes from the use of our products. Cupids does not make any guarantee that you will accomplish your goals. Your results may vary depending on a variety of factors unique to you, such as your age, health, and genetics.
While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor's or other device’s display of any color will be accurate.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
6. MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to refund, return, or exchange only according to our shipping and refund return policies.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
7. PAYMENT
All charges are in U.S. Dollars or in the currency of your country or province.
By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
8. ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you with any product or service. We reserve the right to require additional information before processing any order.
9. SHIPPING
Cupids ships to addresses located in the United States and internationally. Please visit our Shipping Policy on our Website for additional information regarding order processing, order handling, shipping times, and the commercial couriers Cupids uses to deliver orders.
An accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. Once an order has been completed and confirmed, it cannot be canceled or modified. Please review your order carefully before finalizing your purchase.
10. DELIVERY CONFIRMATION
Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is sufficient proof of delivery, even without a signature.
11. 30 DAY RETURN POLICY
Cupids wants you to be satisfied with your experience with us so we have made returning products easy. If you are dissatisfied with your purchase, or if it arrives damaged, please visit the Return Policy on our Website for additional information about how to return a product for a refund, less shipping and return costs, within thirty (30) days of receiving your purchase. All sales are final after thirty (30) days. Cupids may, in its sole discretion, refuse to accept a return and/or refund a purchase if you have attempted to return the same product more than once. A product must be returned in order for a refund to be processed, even if the product has been used in its entirety. Original shipping fees, return shipping fees, and shipping protection are non-refundable and will not be credited.
After the shipping department receives your return, it generally takes 10 business days to process your refund. Once a return is processed, it may take up to 5-7 business days for the return to be posted to your account, depending on your financial institution. For any questions about our refund policy, please Contact Us.
12. SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).
The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Cupids, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
13. DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14. DISCLAIMER OF LIABILITIES
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL CUPIDS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER CUPIDS HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, CUPIDS IS FOUND LIABLE UNDER ANY THEORY, CUPIDS’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER CUPIDS WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND CUPIDS ON AN INDIVIDUAL BASIS.
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, CUPIDS’ PRIVACY POLICY OR TERMS, CUPIDS’ ADVERTISING OR MARKETING PRACTICES, CUPIDS’ PRODUCTS OR SERVICES, OR THE RELATIONSHIP BETWEEN YOU AND US SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF ARIZONA TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND CUPIDS AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT CUPIDS’ CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT CUPIDS HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF ARIZONA FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF CUPIDS’ INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM, AND FOREVER WAIVE ANY CHALLENGE TO SAID COURTS’ JURISDICTION AND VENUE.
UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU FIRST ACCESSED, FIRST ATTEMPTED TO ACCESS OR PURCHASED A PRODUCT OR SERVICE THROUGH CUPIDS’ WEBSITE, WHICHEVER WAS EARLIER, BY SENDING A LETTER TO: CUPIDS LLC, ATTN. LEGAL DEPARTMENT, 7090 NORTH ORACLE ROAD, STE. 178 #3008, TUCSON, AZ 85704, STATING YOUR NAME, THE DATE YOU FIRST ACCESSED OR FIRST ATTEMPTED TO ACCESS THE WEBSITE, OR THE NAME OF THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.
16. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Cupids, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
17. THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
18. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Cupids is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that anything you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and that we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form. You agree that any Submission that you provide us is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Cupids may use a Submission, in whole or in part, together with the name of the person submitting it. You agree that Submissions, including testimonials, may be used for any form of advertising relating to Cupids’ products or services, in printed and online media, as Cupids determines in its absolute discretion. The testimonials and reviews portrayed on this Website are exceptional results from our most successful users. These testimonials do not represent the generally expected user experience, nor do they guarantee future success.
19. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS
a. DMCA Notice
Notification of Claimed Infringement:
Cupids LLC
Attn: DMCA/Copyright Agent
7090 North Oracle Road, Ste. 178 #3008
Tuscon, AZ 85704
Tel: (513) 540-0761
Email: admin@cupids.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
b. Intellectual Property Rights, License
The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to Cupids or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Cupids, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms or expressly granted to you in writing by Cupids, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of Cupids.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in these Terms or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
c. Copyright
The copyright in all materials provided on the Website is owned by Cupids or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Cupids. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Cupids may revoke any of the foregoing rights at any time. You may not, without Cupids’ prior written consent, "mirror" any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
d. Trademarks
The trademarks, service marks and logos ("Trademarks") used and displayed on the Website are registered or unregistered Trademarks of Cupids. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of Cupids or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of Cupids. Cupids prohibits the use of any Cupids logo and Trademark as a "hot" link to any website unless the establishment of such link is approved in advance by Cupids in writing.
20. ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
21. ASSIGNMENT
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Cupids and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Cupids’ business is transferred to another entity by way of merger, sale of its assets or otherwise.
22. NO WAIVER
No waiver by Cupids of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Cupids to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
23. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
24. TERMINATION
In the event that we terminate this Agreement, Sections 2-5, 13-25, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
25. ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Cupids, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
26. QUESTIONS OR ADDITIONAL INFORMATION
Please contact Customer Support if you have any questions concerning your purchase. Additional information can be located on our Website.
Cupids LLC
Email: support@cupids.com
Tel. (513) 540-0761
This privacy policy (“Privacy Policy”) explains how Cupids collects, uses, shares, and safeguards information about you (“You”) when you use the Cupids controlled websites (collectively, the “Website”) or any other application of ours that links to this privacy notice. For more information on how we handle a customer’s information when they visit our website, please see https://cupidfragrances.com/
This privacy statement was amended as of July 17, 2024 and is effective as of that date. The English language version of this privacy statement is the controlling version regardless of any translation you may attempt.
WHERE DO WE GET YOUR PERSONAL INFORMATION FROM, WHAT CATEGORIES DO WE COLLECT, AND HOW DO WE USE AND SHARE IT? The table immediately below provides a detailed listing, on a category-by-category basis, of the types of personal information we collect or obtain, how we do so, and the ways in which we use and share it on an annual basis:
Categories Of Personal Information
Business Purpose
Categories Of Sources
Categories Of Third Parties
Categories Of Third Parties
General Identifiers
Characteristics
Commercial Information
Mobile Activity Data
Financial Data
Audio/Visual Data
CATEGORIES OF INFORMATION WE COLLECT. We may have collected any of the following categories of personal information from You within the past twelve (12) months:
General Identifiers. This is personal information such as a real name, alias, postal address, signature or unique personal identifier, physical characteristics or description, online identifier, mobile application identifiers, email address, account name, or other similar identifiers.
Financial Data. This is personal information such as bank account number, credit card number, debit card number, or any other information needed to complete a transaction by our third party payment processors.
Characteristics. This is personal information such as gender, language preference, age, and the like.
Commercial Information. This is personal information that includes records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Mobile Activity Data. This is personal information that includes electronic network activity information, such as browsing history, search history, and information regarding a consumer's interaction with an application or advertisement regardless of device type used be it a personal computer, cell phone or other mobile device.
Audio/Visual Data. This category includes electronic recordings, such as phone call recordings and data collected through access to phone cameras for scanning and inputting transaction details.
Inference Data. This is personal information drawn using the above-described personal information to create a profile reflecting our customers’ preferences.
Sensitive Data. Cupids does not collect any sensitive personal information.
COLLECTING YOUR INFORMATION. We may collect information about you in a variety of ways but generally speaking, it falls into one of the following categories:
Information You Provide To Us. This is personal information you choose to provide in connection with signing up to our application such as your name, phone number, address, email, providing content on the Website such as a review, or other activities in which you participate on the Website or through our apps.
Information We Collect About You. Information our servers automatically collect when you visit, use, or engage with the Website, such as your IP address, your operating system, browser version, the programs you access on the Website, the dates and times you visit the Website, device and usage information, such as language preferences, referring URLs, country, location, information about how and when you use our services and other technical information.
Information We Receive From Other Sources. Cupid works closely with third parties (including, for example, third party ad-tech providers such as Customers AI, with whom we partner to provide you with the services and their advertising networks, analytics, and search information providers). These third-parties may provide Cupid with some additional information about you.
HOW WE USE YOUR INFORMATION. The following paragraphs generally describe how Cupids uses your information in connection with the Website.
General Use. Cupids will use your information as necessary to carry out and manage its app and to contact you. This includes, creating user accounts or profiles as well as using your information to verify and administer your account or profile, including processing payments, validating your compliance with the terms and conditions, fulfilling orders for merchandise (if applicable), processing transactions, and screening orders and transactions for potential risk or fraud. We will use your information to communicate with you about Cupids’ app, your use of the app or your inquiries related to the app. Cupids will use your information to ensure that content from our app is presented in the most effective manner for you and for your computer or device, allowing you to participate in interactive features of our app (when you choose to do so), and as part of our efforts to keep our app safe and secure.
Improve the Website. Cupids continuously seeks to improve and optimize the Website. To do so, we conduct research to understand the effectiveness of our offerings, improve our offerings, and to better understand the Cupids community. If we publish the results of our research to others, such research will be presented in a de-identified and aggregate form such that individual users cannot be identified.
Promotional Communications. We will use your personal information to communicate with you by email, postal mail, phone, or text message with targeted advertisements or marketing communications we believe may be of interest to you, such as surveys, promotions, special events or our products.
Marketing/Performance Analysis & Data Analytics. We will use your information to help us better understand your interests and needs, such as by engaging in analysis and research regarding use of the app. We may use your information to measure or understand the effectiveness of advertising and content we serve to you and others, and to deliver and customize relevant advertising and content to you. For example, we may generate analytics about how our customers browse and interact with the Website, and to evaluate the success of any marketing and advertising campaigns we pursue. For more information, please see the section “HOW WE SELL OR SHARE YOUR PERSONAL INFORMATION” below.
Security Activity. We will use your information to protect Cupids, its partners, its users, and non-users against activity that breaches our security including fraudulent activity or acts that Cupids believes to be in breach of applicable laws, rules, and codes or of its policies.
Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the app with information that we receive from other sources, both online and offline, and use and share such combined information in accordance with this Privacy Policy.
Cupids does not create user profiles that are in furtherance of decisions that produce legal or similarly significant effects concerning a consumer.
Aggregate/De-Identified Data. We may aggregate and/or de-identify any information collected through the app so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.
RETENTION PERIOD. Cupids shall only store personal information for as long as it is required. This is determined by considering the purposes for which it was obtained in accordance with applicable laws. Our retention period is based on (1) the nature of our relationship with the data subject and (2) any legal obligations we are bound to fulfill.
HOW WE USE TRACKING TECHNOLOGY. An SDK is a set of tools and/or code that we embed in our software to allow third parties to collect information about how people interact with our app. As we continue to develop the Website and our app, Cupids may implement additional methods to gather information about the Cupids community. Tracking technology is useful for gathering information such as device type and operating system, tracking the number of users on the Website, and understanding how users engage with the Website. Please refer to your mobile operating system to learn more about how you an opt-out of sharing in app information.
HOW WE DISCLOSE YOUR PERSONAL INFORMATION. Over the past twelve months, Cupids has disclosed the data categories described within this Privacy Policy to the following categories of third parties:
Corporate Affiliates. We may share personal information with our corporate affiliates and corporate parents who will use such information in the same way as we can under this statement.
Law Enforcement or Government. We may disclose personal information to government agencies and authorities, and to other third parties when compelled to do so by such government authorities, or at our discretion or otherwise as required or permitted by law, including responding to court orders and subpoenas.
Successors for Business Sale/Purchase. If we, or any of our affiliates, sell or transfer all or substantially all of our assets, equity interests or securities, or are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, divestiture, consolidation, or liquidation, personal information may be one of the transferred assets.
Marketing Support Vendors. We may need to disclose certain of your personal information to vendors who we have engaged for technology and services that support our marketing efforts this includes ad-tech partners and social media websites.
Promotional or Fulfillment Vendors. In order to carry out promotions we make available to you and/or deliver our goods and services, we are required to share personal information with vendors who specialize in those activities.
Software and Technology Vendors. Our various service providers may have access to or be provided with some of your personal data in connection with the tasks they perform on our behalf such as maintaining portions of our networks or the software applications that run on them.
Transaction Support Vendors/Payment Processors. We share personal information with those of our vendors and business partners who need it to perform under the contracts we have with them.
HOW WE SELL OR SHARE YOUR PERSONAL INFORMATION. Cupids does not sell your data in exchange for monetary consideration or value. In order to support tailored advertisements, offers, or content that you may find interesting when you browse the internet, Cupids shares or facilitates the transfer of certain personal information with our trusted third party partners that support online advertising, data co-operatives, mobile advertising, data analytics, social media engagement, data brokers advertising networks or any other activity that may be considered cross-contextual behavioral advertising. This transfer could be defined as a sale, sharing for cross-context behavioral advertising or targeted advertising.
In support of the activities listed above, over the past twelve months, Cupids has shared the following categories of personal information: (i) general identifiers, (ii) mobile activity data, (iii) characteristics, and (iv) commercial information. For more information on how to exercise your rights in relation to the sharing or sale of your personal information, please see the section “Exercise Your Privacy Rights” below.
HOW DO WE PROTECT COLLECTED PERSONAL INFORMATION?
OUR DATA SECURITY PROGRAM
We have adopted, implemented and maintained an enterprise-wide corporate information security and privacy program that includes technical, organizational, administrative, and other security measures designed to protect, as required by applicable law, against reasonably anticipated or actual threats to the security of your personal information (the “Security Program”). Our Security Program was created by reference to widely recognized industry standards. It includes, among many other things, procedures for assessing the need for, and as appropriate, either employing encryption and multi-factor authentication or using equivalent compensating controls. We therefore have every reason to believe our Security Program is reasonable and appropriate for our business and the nature of foreseeable risks to the personal information we collect. We further periodically review and update our Security Program, including as required by applicable law.
OUR INCIDENT RESPONSE AND MANAGEMENT PLAN
Despite the significant investment we’ve made in, and our commitment to, the Security Program including enforcement of our vendor and service provider oversight procedures, we cannot guarantee that your personal information, whether during transmission or while stored on our systems, otherwise in our care, or the care of our vendors and business partners, will be free from either failed or successful attempts at unauthorized access or that loss or accidental destruction will never occur. Except for our duty under applicable law to maintain the Security Program, we necessarily disclaim, to the maximum extent the law allows, any other liability for any such theft or loss of, unauthorized access or damage to, or interception of any data or communications including personal information.
All that said, as part of our Security Program, we have specific incident response and management procedures that are activated whenever we become aware that your personal information was likely to have been compromised. Those procedures include mechanisms to provide, when circumstances and/or our legal obligations warrant, notice to all affected data subjects within the timeframes required by law, as well as to give them such other mitigation and protection services (such as the credit monitoring and ID theft insurance) as may be required by applicable law. We further require, as part of our vendor and business partner oversight procedures, that such parties notify us immediately if they have any reason to believe that an incident adversely affecting personal information we provided to them has occurred.
CHILDREN’S PRIVACY
Federal law imposes special restrictions and obligations on entities who direct their operations toward, and collect and use information from, children under the age of 13. We take those age-related requirements very seriously, and, consistent with them, do not intend for our online and mobile resources to be used by children under the age of 18, and certainly not by anyone under the age of 13. Moreover, we do not knowingly collect personal information from minors under the age of 18. If we become aware that anyone under the age of 18 has submitted personal information to us via our online and mobile resources, we will delete that information and not use it for any purpose whatsoever. We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the Internet.
SUBMITTING INFORMATION FROM OUTSIDE THE UNITED STATES
We control and operate the online and mobile resources from within the United States of America. Information collected through the Website and services may be stored and processed in the United States or any other country in which we or our vendors maintain facilities. Although we do not actively block or monitor visitors from other countries, the Website is directed only at visitors from the United States. As such, this Privacy Policy is consistent with U.S. law and practice and is not adapted to other laws (including European data security and privacy laws). Cupids will apply the applicable laws of the U.S. including as embodied in this Privacy Policy in place of data protections under your home country's law. That is, you freely and unambiguously acknowledge that this Privacy Policy, not your home country's laws, controls how we will collect, app, process, and transfer your personal information. Similarly, the English language version of this Privacy Policy is the controlling version regardless of any translation you may attempt.
EXERCISE YOUR PRIVACY RIGHTS
Cupids takes privacy seriously. Where applicable, data subjects have certain rights they can request for Cupids to fulfill. These requests can be made by either the data subject or an authorized agent. These rights include:
A. The Right to Know. You have the right to request that Cupids disclose the personal data that Cupids has collected about you;
B. The Right to Amend. You have the right to correct any information that Cupids apps about you;
C. The Right to Opt Out Of Targeted Advertising. You have the right to opt-out of receiving targeted advertisements as well as having a consumer behavioral profiles built about you;
D. The Right to Delete. You have the right to request that Cupids delete information that it maintains about you, subject to certain exceptions; and
E. The Right to Opt Out Of Your Personal Information Being Sold or Shared. Cupids does not sell your information.
In order to exercise any of the rights detailed above, you may email us here: support@cupids.com. We will use your email as proof of verification unless otherwise prohibited. Exercising your rights under this section will not result in any discrimination by Cupids. We will treat you the same as any other user. If you disagree or dispute a decision that has been made on the scope or application of the rights described in this clause, you may appeal this decision by contacting support@cupids.com.
We will respond to your request to exercise any of the above rights in writing (including via email), or orally if requested, as soon as practicable and in any event not more than within one month after receipt of your request. In exceptional cases, we may extend this period by up to two months and we will tell you why. If you would like to exercise any of these rights, please contact us using the contact details provided above.
CHANGES TO THIS PRIVACY STATEMENT
We reserve the right to change or update this statement from time to time. Please check our online and mobile resources periodically for such changes since all information collected is subject to the statement in place at the time of collection. Typically, we will indicate the effective/amendment date at the beginning of this statement. Where Cupids determines that such changes materially affect your privacy rights, we will provide additional notice to you. If we feel it is appropriate, or if the law requires, we’ll also provide a summary of changes we’ve made near the end of the new statement.
CONTACTING US
If you have questions about our privacy statement or privacy practices, please contact our Privacy Office:
Cupids offers a 30-day money-back guarantee as a form of assurance!
HOW TO CLAIM YOUR MONEY BACK:
1. If you are not completely satisfied with our product, email a customer care representative at support@cupids.com, sharing your review and money-back request. Items sent back to us without first requesting a return will not be accepted.
2. Once approved, return the product (in its original packaging) via a trackable mail service 30 days from the date of delivery to the address provided by our customer care representative.
Return Address:
ShipBob, Inc. [ATTN: Returns]
2894 S Orange Ave
Door 1
Fresno, CA, 93725
*Your Reference ID MUST be included on the outside of your parcel, please contact support@cupids.com to receive your Reference ID prior to submitting your return.
3. Incomplete, indecipherable or illegible claims will be deemed invalid.
4. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within 10 business days. Refunds are issued to the credit used in the transaction. Any and all shipping costs are non-refundable.
If more than 15 business days have passed since we approved your return, please contact us at support@cupids.com.
A product must be returned in order for a refund to take place, even if it has been used in its entirety.
INTERNATIONAL REFUND POLICY (OUTSIDE OF THE USA)
“International” is defined as any and all countries outside of the United States of America.
All international sales are final and are under no circumstance eligible for a refund.
Partial refunds will be determined on an individual basis.
INTERNATIONAL RETURNS POLICY (OUTSIDE OF THE USA)
All sales are final on all international sales and no returns will be considered.
Stolen/Lost packages are deemed the customer's responsibility (unless insured shipping is purchased) and damaged packages are the only packages that will be re-shipped.
DAMAGES AND ISSUES
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you received the wrong item so we can evaluate the issue and make it right. Please note that we are not responsible for damages that occur after the item has been delivered or during any subsequent handling or usage.
BAD ADDRESSES
In the event that we are unable to process your order due to a bad address, we will attempt to contact you multiple times for an accurate address. If we do not receive a response within a reasonable time frame, we reserve the right to hold your product until we receive a response.
FAILED DELIVERIES
Any packages returned to us by the designated carrier because the customer was not available to receive the package or due to incorrect shipping information may be subject to additional shipping costs to reship.
Restrictions:
United States
Canada
United Kingdom
Australia
Rest of the world
All orders will typically be dispatched within 3-5 business days from our US warehouse located in California and all orders will include tracking from dispatch to delivery. All orders will be shipped in durable packaging to ensure your purchase is not damaged during transit. Cupids is not responsible for delays, lost or damaged shipments, or orders sent to incorrect, invalid, or correct addresses. It is always in our best interests to ensure you receive your parcel promptly and Cupids will assist as much as possible in tracing a missing parcel. Cupids is not responsible for refunds of shipping costs in the event of delayed shipping due to product availability.
Cupids is in no way responsible for any customs or import charges, charged to the customer by the shipping service.
We will send you a tracking number to your email once your package has been shipped. You can track your package on the UPS website.
WHAT IF I ENTERED AN INCORRECT ADDRESS?
If you have misspelt or auto-filled your address incorrectly, simply reply to your order confirmation email and give us the correct information. Please notify us immediately via email at support@cupids.com. If the address is wrong, we can only correct this if your order has not been shipped.
Feel free to direct any shipping-related inquiries to support@cupids.com.