Terms and Conditions of Use

Version dated 03/17/2008

We invite you to read these Terms and Conditions of Use any time you use the osMoz website.

The Site is developed and run by Firmenich & Co., a public limited company with a capital of 5.000.000,00 euros, in the “Registre du Commerce et des Sociétés de Nanterre,” number B 572 020 253, whose headquarters are located at 41 – 43, rue de Villiers 92 523 Neuilly-sur-Seine Cedex France (hereinafter “osMoz c/o Firmenich”).

1. Definitions

The terms and expressions identified with an initial capital letter in these Conditions of Use, including the preceding preamble, are to be understood according to the meaning defined below, whether they are employed in the singular or the plural.

“Conditions of Use” indicates the present terms and Conditions of Use of the Site, whose purpose is to define the conditions of use of the Service’s site.

“Content” designates any information, data, comments or content, especially that which could be protected by copyright, design rights, brands’ rights or model’s rights, such as creative, audiovisual or multimedia works, brands and logos that the User provides to other Users on the Site or allows them to view on the Site, in compliance with the Terms and Conditions of Use.

“Services” designates the services proposed by osMoz c/o Firmenich on the Site and described on the following page "help" ;

“Site” designates the Internet site accessible at the address www.osmoz.fr and/or at any other address with a different extension.

“User” designates a party, which can be a human being or a legal entity, acting on their own or representing a third party, performing a professional activity, whether it is commercial or not, who uses the Site after having read and accepted the Conditions of Use.

2. Acceptance of Conditions of Use

Use of this Site is reserved to Users who have read and unconditionally accepted the Conditions of Use prior to use. In case of disagreement with the terms and conditions of the Conditions of Use, the User should not use the Site.

Users acknowledge having the capacity to enter into a contract. Underage Users swear that they have received consent from a parent or guardian. In cases where Users act in the name of or on behalf of their employer, they must decalre that they have been delegated to do so and that they are representing their employer legally.

osMoz c/o Firmenich reserves the right to modify the Terms and Conditions of Use at any time. As far as possible, osMoz c/o Firmenich will inform Users about changes made in the Terms and Conditions of Use by e-mail or via an announcement on the Site.

3. Site’s Purpose

The Site is intended for Users, and its goal is to supply information about fragrances and cosmetics and to provide for sharing content related to fragrance and cosmetics.

In the absence of preventive measures, the Site is accessible from anywhere, as long as minimal technical conditions have been met, particularly in terms of access to the web, cell phone networks, and technical compatibility of the material used. Considering the web’s international character, Users agree to respect all rules concerning web users’ behavior applicable in the country from which they are using the site.

Users can access the Site and the Contents with a widget. This user interface can be downloaded here [lien à ajouter sur « here »] and lets Users visualize excerpts from the Site and its Contents before accessing the Site itself.

osMoz c/o Firmenich has the right to modify or move the Site’s contents, to temporarily or permanently interrupt the Site, partially or wholly, at any time, and without informing Users beforehand.

4. Description of Services

The Services proposed to Users are described on the following page: "help".

Within the framework of these Services, osMoz c/o Firmenich can be called upon to publish Content on the site.

5. Registering for the Service

Users will not have access to the full range of Services offered by the Site until they have created an account by accepting the Terms and Conditions of Use and providing the information required in the registration form.

When registering for the Site, Users choose a User name and a password that will allow them to access their account. Users swear that they have given complete and accurate personal data that is not misleading and that will allow them to be identified in case of legal proceedings. Any patently absurd or libelous information may lead to the User’s account being closed.

Registering for the Site and access to the Services is free. Nevertheless, osMoz c/o Firmenich does not guarantee that access to all or part of its services will continue to be free for an indefinite period of time. In the case of the introduction of paying services, osMoz c/o Firmenich will inform its Users and access to paying services will be on condition of Users’ express consent. If need be, new Terms and Conditions of Use will be proposed.

6. User’s Commitments

The User promises to use the Site and its Services in a manner that is in compliance with the stipulations of the Conditions of Use.

In particular, Users promise to respect:

- the stipulations in the Conditions of Use.

- technical specifications specified on the Site for uploading Content. These technical specifications may be modified by osMoz c/o Firmenich depending on the evolutions of the Site and /or of technology.

Users are not authorized to interfere with the Site or the activities of osMoz c/o Firmenich via software, or to do anything that might disturb or aim to disturb the Site.

Users may not modify, add to or delete Content except in the spaces provided for this purpose. All other pages of the Site are strictly reserved for osMoz c/o Firmenich.

a) Displaying Content

Users are responsible for the Content they display on the Site.

Users accept that the Content displayed on the Site can also be visualized via widgets or on other sites belonging to Firmenich, particularly those accessible from mobile phones, like the iPhone.

Each and every time they upload Content, Users promise to respect the applicable laws and regulations, particularly those concerning publishing items that are libelous, racist, pornographic, defamatory, pedophile, Holocaust denying and/or violating human dignity. Users also promise not to violate a third party’s rights.

For this reason, Users promise in particular not to submit to the Site Content, of any type or in any presentation, that:

· could be considered as a justification of crimes against humanity or war crimes, a justification of Nazism, of crimes or offenses; or as denying the existence of crimes against humanity or recognized genocides, or as a violation of human dignity.

· is violent or pornographic, pedophile or harmful to children.

· disturbs the peace or offends morality.

· is defamatory or harmful, flaming, untrue or libelous towards a third party whether that party is a legal entity or human being.

· constitutes an act of counterfeiting, unfair business practice or parasitism.

· is racist or xenophobic, that denies the Holocaust or harms another person’s honor or reputation, is an incitement of discrimination, hatred or violence towards another person or group of people because of their origins, gender, marital status, physical appearance, name, health, handicap, genetic characteristics, mores, real or supposed sexual orientation, age, political opinions, or labor-union activities, their real or implied membership in or belonging to a given ethnic group, nation, race or religion.

· violates another person’s right to privacy and/or their own image.

· contains viruses, worms, Trojan horses or any other files or computer programs that could interrupt, destroy or restrain the services and/or capacities of any feature on any computer or computer network that is connected directly or indirectly to osMoz c/o Firmenich’s activities.

· is threatening to any person or group of people.

· is an incitement to commit a crime, offense, or act of terrorism.

· violates the secrecy of private correspondence.

· allows a third party to access, directly or indirectly, software that is pirated, programs allowing for pirating or intruding into ICT and tele-communications systems, or any program or anything else that allows anyone to violate another party’s rights, safety or property, and more generally:

· anything that is not in compliance with all applicable laws, rules and regulations.

Users agree to renew this commitment to osMoz c/o Firmenich every time they submit Content by clicking the “I acknowledge that I have read and accepted the Terms and Conditions of Use ” button before they can upload said Content to the Site.

By displaying Content on the Site, Users authorize Firmenich, other Users and any third party to use, reproduce and represent the said Content, wholly or partially, by any means and in any media, particularly other pages of the Site, on any other website (such as a personal page, a blog, or a site accessible from a cell phone like an iPhone) or via interface devises like widgets, whether or not they are associated with other contents of any type, whether similar or different. This right to use, reproduce and represent the Content includes, but is not limited to, the right to modify, adapt, anthologize or separate, translate, sub-title or sub-license, for the needs of Firmenich, Users or third parties, for the length of the legal protection of copyright for the entire world.

Users have the option at all times of removing from the Site any Content they have displayed on it.

Users who display Content on the Site grant osMoz c/o Firmenich and other Users the enjoyment and peaceful exercise of all rights attached to the Content.

Users safeguard osMoz c/o Firmenich and other Users against any problems, legal actions, claims, opposition or other difficulties of whatever nature coming from third parties that consider that any of the Content violates their rights, as well as against any damages or liability stemming from the exercise of the rights attached to the Content.

Users declare in particular that they own the rights to the Content displayed on the Site or that they have obtained from the owners all required permission and rights for displaying Content on the Site and for any other use of the Content in according to the conditions specified in the Conditions of Use.

Users promise to entirely reimburse osMoz c/o Firmenich and/or any other Users at their first request for any expenses, damages, interest or legal costs (including lawyers’ fees, costs and expenses not included in the expenses) incurred by osMoz c/o Firmenich and/or other Users for having reproduced, represented or used Content in any way that is in accordance with the Conditions of Use.

b) Consulting and Use of Content

The Site may contain or refer in particular to brand names owned by third parties or to elements protected by copyright. During consultation and use of the Content displayed on the Site by third parties, Users promise to respect the rights of any third parties to this Content, in all circumstances, even when they are not connected to the Site (particularly in the case of exporting one’s profile or content displayed on the Site towards a blog or another website).

Users therefore promise not to reproduce this Content in publications, in websites or any other media whose contents or editorial lines are such that they could be considered harmful to the image or rights of osMoz c/o Firmenich, other Users, their heirs, agents or any third party, or that violate any of the clauses specified in the Conditions of Use.

Users acknowledge and agree that the right to use Content is granted, but not limited to, osMoz c/o Firmenich and/or other Users, which does not have the effect of transferring or dismantling copyright for the Content.

Users promise to inform osMoz c/o Firmenich about any Content that could violate applicable laws, rules and regulations, particularly the clauses in the Conditions of Use, as described in Article 7, below.

Users may not send unsolicited commercial e-mails in order to advertise a brand’s products to other users of the Site who have provided their e-mail address; they should use the tools provided on the Site to inform other users about the presence of such content (such as the “send to a friend” or “sponsor a friend” features). If Users receive unsolicited commercial e-mail from other Users, recipients can inform osMoz c/o Firmenich.

7. Notification Procedure

If Users notice illicit Content on the Site, and want to see this Content removed or no longer displayed, they are encouraged to inform osMoz c/o Firmenich by clicking on the "Report Inappropriate Content" feature (this feature’s name can be modified), which exists for precisely that purpose on the Site.

Users must transmit to osMoz c/o Firmenich, either by mail or by filling out the form available on the Site by clicking on "Report Inappropriate Content" (lien vers le formulaire) all necessary information, such as:

- notification date.

- full name, profession, home address, nationality, date and place of birth (for a person), or official name, company type and headquarters and the registered name of the company they are speaking on behalf of (for legal entities).

- a description of the contentious material and its precise location.

- the reasons for which the Content should be removed, including the legal and factual bases for removal.

- a copy of the request sent to the author or publisher of the contentious content to remove, modify or suspend it, or proof that the User tried in good faith but was unable to contact said author or publisher.

The contentious Content will be removed from the Site as soon as possible after osMoz c/o Firmenich has received the report. osMoz c/o Firmenich can ask the User who displayed the Content to provide elements justifying the legitimacy of the display.

Users who willfully describe Content to osMoz c/o Firmenich as illicit in order to have it removed or suspended knowing that this information is incorrect are liable to legal action.

If osMoz c/o Firmenich is informed about Content constituting a justification of crimes against humanity, incitation to racial hatred or relative to child pornography, osMoz c/o Firmenich will inform the competent authorities.

8. Disclaimer/Liability of osMoz c/oFirmenich

OSMOZ c/o FIRMENICH IS NOT RESPONSIBLE FOR THE CONTENT PROVIDED ON THE SITE.

OSMOZ c/o FIRMENICH’S DISCLAIMS ALL LIABILITY WHATSOEVER INCLUDING FOR ANY INDIRECT DAMAGES SUCH AS BUT NOT LIMITED TO LOSS OF REVENUE, CLIENTELE, OR DATA, ANY ECONOMIC OR COMMERCIAL LOSS OR DIFFICULTIES, ANY LOSS OF EARNINGS, PROFITS OR ANTICIPATED SAVINGS OR ANY IMMATERIAL PREJUDICE. IN ADDITION, NEITHER OSMOZ c/o FIRMENICH NOR ANY OF ITS MANAGERS CAN BE HELD LIABLE FOR ANY LOSS OF DATA TRANSFERED (CONTENT, PERSONAL INFORMATION) TO THE OSMOZ c/o FIRMENICH SERVER. IT IS USERS’ RESPONSIBILITY TO RECORD AND PRESERVE ELSEWHERE, I.E. OFF SITE, ANY FILES OR DATA THAT THEY WISH TO KEEP.

OSMOZ c/o FIRMENICH CAN NOT BE CONSIDERED LIABLE FOR ANY INAPPROPRIATE USE OF CONTENT BY USERS OR ANY THIRD PARTY.

OSMOZ c/o FIRMENICH’S LIABILITY CAN NOT BE ENGAGED BECAUSE OF CONTENT AVAILABLE ON OTHER SITES OR INTERNET SOURCES ACCESSIBLE VIA HYPERTEXT LINKS INSERTED ONTO THE SITE (PARTICULARLY VIA ADVERTISING FOR PRODUCTS OR SERVICES, OR ANY OTHER TYPE OF INFORMATION).

osMoz c/o Firmenich reserves the right to remove or suspend access to any Content following receipt of a report from a User or a third party or if it becomes aware for any reason of the manifestly illicit nature of any Content. osMoz c/o Firmenich’s can not be considered liable in any way due to this removal or suspension.

osMoz c/o Firmenich excludes any guarantee concerning the reliability or precision of information appearing on the Site or the Site’s compatibility with Users’ needs or intended use.

osMoz c/o Firmenich is unable to guarantee Users that the Site will correspond precisely to their expectations, nor can osMoz c / Firmenich guarantee that there will never be any erroneous information appearing on the Site. osMoz c/o Firmenich can not guarantee that the survey results, information, and services obtained will always be free from any error or flaw.

The advice and information, whether written or spoken, that Users can obtain while using the Site are not of a nature to generate guarantees that are not specifically covered by the law.

In addition, osMoz c/o Firmenich is dependent on the quality of the Internet network. Consequently, osMoz c/o Firmenich can not guarantee the reliability of Service and can not be held responsible for correcting flaws caused by the Internet network. For this reason, osMoz c/o Firmenich can not be liable for any difficulty encountered in displaying or uploading Content or, more generally, any disturbances in the Internet network that can affect use of the Services, particularly viewing and/or downloading videos and photos. osMoz c/o Firmenich can not make any guarantee concerning the conditions or quality of broadcast, display, transmission, or accessibility of Contents.

The Site may provide links to other Web sites or Internet sources. Insofar as osMoz c/o Firmenich has no control over these outside sites and sources, osMoz c/o Firmenich informs Users that osMoz c/o Firmenich can not be considered liable for the availability or accessibility of these outside sites and sources, and can not accept any responsibility as to their contents, advertising, products, services or any other material available on or via these outside sites and sources. osMoz c/o Firmenich recommends that Users carefully read the protection of privacy policy as well as the Terms and Conditions of Use appearing on sites that Users can access via a clickable link on the Site. If one of these sites does not provide information concerning their protection of privacy policy or their Terms and Conditions of Use, as required by law, osMoz c/o Firmenich invites Users to report this lack by sending an e-mail to the following address: "contact@osmoz.com ".

osMoz c/o Firmenich can not be considered liable for Users’ relations with announcers present on the Site (participating in promotional offers organized and featured on the Site, delivery of purchases, prizes or services, or any other conditions of guarantee or declarations concerning these operations).

9. Removal of Contents and suspension of the User’s account

If osMoz c/o Firmenich has been informed that Content displayed by the User does not comply with the stipulations of the Conditions of Use, osMoz c/o Firmenich can, among other possible actions, send a warning mail to the User, block the User’s access to all or some of the Services, or suspend at any time and without compensation the User’s account for as long as osMoz c/o Firmenich deems necessary. For example, if the User displays comments that are libelous or in bad taste on the Site, osMoz c/o Firmenich can remove the comments and/or block the User’s access to the Site.

As far as possible, osMoz c/o Firmenich will inform the User in question that his or her account has been suspended, explaining the reasons for this suspension, via e-mail.

10. Diverse

c) Convention of proof

The parties agree that they may exchange the information required for applying these Terms and Conditions of Use by electronic means. All electronic communication between the parties is acknowledged to have the same status as information on paper.

d) Independent Contracting Parties

No stipulation in these Terms and Conditions of Use can be construed as creating a partnership, mandate, relationship of subordination or joint-venture between the parties.

e) Tolerances

The fact that one of the parties may choose at a given time not to react to a failure to respect one or more of the obligations described in these Terms and Conditions of Use does not mean that the party has renounced the right to enforce the obligation in question.

f) Partial nullification

In case of the nullification of a significant stipulation of these Conditions of Use, or if said stipulation is considered not to exist, completely or partially, in application of a law or rule or definitive judicial decision, the other stipulations will remain in effect and keep their full power of enforcement between the parties. The parties will then do their best to negotiate in good faith in order to come to new terms for a stipulation to replace the one nullified by the change of law or rules, while remaining as close as possible to the parties’ initial intent.

g) osMoz c/o Firmenich copyright

This Site is the exclusive property of osMoz c/o Firmenich.

osMoz is a community brand registered to the osMoz group c/o Firmenich. Consequently, neither the osMoz brand nor the logo can be used or distributed in any way without the expression permission of osMoz c/o Firmenich.

osMoz c/o Firmenich keeps all of its rights on all elements of intellectual property.

11. Applicable Law

These Terms and Conditions of Use are governed by French law.