Terms of use
FlowerByDelivery.com’s Terms of use:
FlowerByDelivery.com has one purpose in the online bridal community and that is to help the bride make the wedding experience more stress free, enjoyable and simplistic. This Terms of Use may be updated from time to time without notice to you. There are many issues to be aware of when gathering information online and here are a few we would like you to be aware of before using the FlowerByDelivery.com website, and any parts or sections thereof including but not limited to www.weddingsoftoday.com web content, message boards, vendor contact forms, member profile information, member-personalized wedding databases and information, folders, posts, messages, photos, and graphics (hereinafter referred to as “our Section(s)”, “Section(s) of FlowerByDelivery.com”, “FlowerByDelivery.com Section(s)” or “Section(s)”).
You know and agree that all of our Sections are provided “AS-IS” and that FlowerByDelivery.com assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to our Sections. Nor does FlowerByDelivery.com assume any liability for the failure to store or maintain any user communications or personal settings.
1. As a FlowerByDelivery.com user, you agree to:
In consideration of your visiting and using our Sections, represent that you are able to form a binding contract. Only provide information about yourself that is accurate and complete information at the time provided. Timely update any information provided to FlowerByDelivery.com to keep it accurate and complete.
Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for FlowerByDelivery.com to suspend or terminate your account and refuse you service in the future.
FlowerByDelivery.com is concerned about the safety and privacy of all users. Please remember that FlowerByDelivery.com Sections are designed to inform, educate, entertain, and support to-be engaged couples, engaged couples, and their families. Content showed in sections may or may not be appropriate for children. Legal guardians should supervise and monitor the appropriate nature of sections being viewed by minors.
In addition to this Terms of Use, when using a particular Sections of FlowerByDelivery.com, you are also bound by the posted guidelines and rules for that particular Section.
2. Your Privacy
Information and data provided by you are subject to our Privacy Policy. This policy, as updated from time to time so please keep yourself informed as to any changes.
3. Agreement to use the site:
Certain names, logos, and/or phrases in our Sections may constitute trademarks and/or copyrights of FlowerByDelivery.com or its clients. The mark “FlowerByDelivery.com” and the contents of this Website’s Sections are the sole property of Conversion Technologies LLC. Reproduction in whole or in part and is strictly prohibited without the expressly written permission of FlowerByDelivery.com.
All of the writing in our Sections is the copyrighted property of FlowerByDelivery.com Inc., and is protected as such. None of the material may be reproduced without our written permission, with the exception of downloading or printing a single copy for yourself to aid in your own personal wedding preparation. This copyright extends from original FlowerByDelivery.com material, to the raw compilations of posts in our folders, to any edited and filtered compilations of posts that we may sell and distribute. The right to download and store or output the materials found on FlowerByDelivery.com is granted for viewing use only. Materials may not be reproduced in any form. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of FlowerByDelivery.com is expressly prohibited.
FlowerByDelivery.com reserves the right to republish any material contributed by our readers. By posting a message, a subscriber expressly grants the right to FlowerByDelivery.com to republish or sell the message as part of any promotions. Material that is copyright protected may not be submitted without permission from the copyright owner. Since there are many thousands of possible sources spread out across the Internet, it is impossible for us at FlowerByDelivery.com to know if a posting represents a copyright infringement. Please remember you are responsible for the material you submit to FlowerByDelivery.com, including taste, reliability, originality and copyright. Author(s) may be held legally responsible for copyright infringement, defamation or invasion of privacy, as well as any hurts arising out of actions resulting from materials submitted by you and posted by FlowerByDelivery.com. You are responsible for ensuring that your message or posting does not violate any copyrights.
FlowerByDelivery.com will have a nonexclusive global license to publish the content submitted by users and contributors within FlowerByDelivery.com. FlowerByDelivery.com will also have global nonexclusive adaptation and resale rights over any content and material submitted by users and contributors within FlowerByDelivery.com’s Web sites. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted “for publication” within FlowerByDelivery.com, including both message board postings and content submitted to FlowerByDelivery.com for uploading and subsequent publishing within non-message board Sections. FlowerByDelivery.com and FlowerByDelivery.com’s staff are not and will not be responsible for any misleading, fake, or otherwise injurious information and advice communicated in our Sections or for any results obtained from the use of such information or advice. FlowerByDelivery.com will not be liable for any loss or hurt suffered by a user through the user’s reliance on information and advice gained in these Sections.
4. Your Safety:
Given the interactive nature of the forums, both the paid staff of FlowerByDelivery.com and our users will generate content in the forums. We can control our staff members’ contributions; but, we are not able to edit and ensure the accuracy of the content generated by our users, many of whom use anonymous screen names and with whom we have no official relationship.
Therefore, users of FlowerByDelivery.com should handle the information generated by fellow users with common sense caution. There’s a lot of fantastic advice on FlowerByDelivery.com, but users should consider any information and advice given by other users as a starting point for their own research. FlowerByDelivery.com cannot guarantee the accuracy, efficacy, or veracity of any information provided within FlowerByDelivery.com forums.
FlowerByDelivery.com cannot guarantee that all content and materials that appear in any FlowerByDelivery.com Sections is not infringing on any registered or non-registered copyrights. On any given day, potentially thousands of new postings may appear on FlowerByDelivery.com’s message boards, and it is humanly impossible to verify that each and every one of these postings are free of copyright infringement.
5. Site Rules
Here are some helpful rules for all to follow. Maintaining FlowerByDelivery.com as a nice online community for soon to be brides is a must for all of us.
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No strong, vulgar, obscene, or otherwise harmful language.
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No racially, ethnically or otherwise, objectionable language.
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No harassing, intimidating, stalking, or threatening other community members.
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No libelous, defamatory, or otherwise tortuous language.
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No online vandalism. This includes using abusive language and repeatedly hitting the return key in the chat room, or otherwise acting in a manner that negatively impacts the ability to engage in real time exchanges.
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No impersonating any person, including, but not limited to, other community members or employees of FlowerByDelivery.com.
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No posting, distributing, transmitting, or promoting illegal content.
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No invasion of another’s privacy.
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No actions that are harmful to minors.
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No manipulation or forging of identifiers in order to disguise the origin of any information posted on FlowerByDelivery.com site or otherwise provided to FlowerByDelivery.com or its employees.
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No posting, providing, transmitting, or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
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No posting, providing, transmitting, or otherwise making available any junk mail or spam.
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No posting, uploading, emailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.).
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No posting, providing, transmitting, or otherwise making available any information which violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange.
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No collecting, storing, or posting of personal data about or of other community members.
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No soliciting of any kind on the message boards or in the chat room.
6. Our Content:
Content from FlowerByDelivery.com including but not limited to any member profile information such as member names, email addresses, member contact information, or member-personalized wedding-related information, may not be taken from the website and used for any purpose. Names, email addresses and other contact information from member profile information or the pages and postings on this site may not be used by outside vendors or other third parties for purposes of solicitation. Unsolicited emails to our members or to FlowerByDelivery.com vendors may constitute misrepresentation, misappropriation of FlowerByDelivery.com’s business name and reputation, unfair competition, and may also violate laws that prohibit unsolicited email, for which FlowerByDelivery.com shall be entitled to take appropriate legal action including seeking injunctive relief, an accounting of profits, hurts, legal fees and costs. Notwithstanding the foregoing, FlowerByDelivery.com members but may link to this website.
7. Update in Terms:
FlowerByDelivery.com reserves the right from time to time to make modifications and changes to our Sections. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through FlowerByDelivery.com (or any part thereof) with or without notice. You agree that FlowerByDelivery.com shall not be liable to you or to any other party for any changes and modifications to our Sections.
8. Termination:
FlowerByDelivery.com may terminate your access to FlowerByDelivery.com, including purging your member account and any material and information associated with your member account (including your user name, password, registry and profile). Cause for such termination shall include, but not be limited to, violation of the provisions set forth in section 5 of this Terms of Use agreement. You acknowledge and agree that all terminations for cause shall be made in sole discretion of FlowerByDelivery.com and that FlowerByDelivery.com shall not be liable to you or any other party for the termination of your access to our Sections or the purging of any material.
9. No Guarantee:
YOU EXPRESSLY KNOW AND AGREE THAT:
YOUR USE OF OUR SECTIONS IS AT YOUR SOLE RISK. THE SERVICES PROVIDED IN OUR SECTIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FlowerByDelivery.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FlowerByDelivery.com MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN OUR SECTIONS WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL BOUGHT OR OBTAINED BY YOU THROUGH THE SERVICES OFFERED IN OUR SECTIONS WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE OPERATION OF SECTIONS INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IN OUR SECTIONS IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY HURT TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FlowerByDelivery.com OR FROM ANY SERVICE PROVIDED IN OUR SECTIONS SHALL MAKE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL HURTS. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
YOU EXPRESSLY KNOW AND AGREE THAT FlowerByDelivery.com SHALL NOT BE LIABLE TO YOU FOR ANY HURTS, DIRECT, INDIRECT, INCIDENTAL, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, HURTS FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION ON LIABILITY APPLIES EVEN IF FlowerByDelivery.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH HURTS.
10. Legal Disclaimer:
Operation of Law. You agree that FlowerByDelivery.com may access, maintain, and tell information you provide to FlowerByDelivery.com if required to do so by law or if FlowerByDelivery.com, in excellent faith, believes that such access, maintenance or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce FlowerByDelivery.com’s Terms of Use; (iii) respond to claims that any material or information posted, provided, transmitted, or otherwise made available by you violates the rights of third parties; (iv) respond to your customer service requests; or (v) otherwise protect the rights and property of FlowerByDelivery.com, its vendors, community members, users and the general public.
Indemnity. You agree to indemnify and hold harmless FlowerByDelivery.com, its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you in our Sections, or by your use of our Sections, or by your violation of FlowerByDelivery.com’s Terms of Use, or your violation of the rights of another.
The Agreement. The Terms of Use constitute the entire agreement between you and FlowerByDelivery.com and govern your use of our Sections and any services offered in our Sections. This agreement supersedes any prior terms of use agreements between you and FlowerByDelivery.com.
Governing State. The Terms of Use and the relationship between you and FlowerByDelivery.com shall be governed by the laws of the State of West Virginia without regard to its conflict of law provisions. You and FlowerByDelivery.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Berkeley, WV.
Third Parties.. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this agreement.
Enforcement. The failure of FlowerByDelivery.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms of use shall remain in full force and effect.
Use. You agree that you’re FlowerByDelivery.com member account is non-transferable and any rights to your account or contents within your account terminate upon your death.
Time. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any services provided in our Sections or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
