By using or accessing ValentineDay-Flowers.com, or any subdomain thereof (the “Site”), or by using any of the services provided by the Site, you agree to be bound by these Terms of Service (”Terms”). If you do not agree to these Terms, you may not use or access the Site or the Services. ValentineDay-Flowers.com may at its sole discretion modify this Agreement from time to time, and may modify, suspend or terminate the Site and Services for any reason or no reason and without notice.
1. Description of the Services
ValentineDay-Flowers.com provides its users the ability to generate and acquire, including without limitation codes, HTML and CSS (including any graphics, audio or video accompanying the codes or provided in the codes) (”Content”) that is owned by users of ValentineDay-Flowers.com or to which they have any necessary rights (”User Content”). This Content and User Content may be shared via the web on, for example, social networking sites, personal websites, message boards, blogs and online journals. Though the Site and Services are normally available, at times the Site or Services are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of equipment and telecommunications links beyond the control of ValentineDay-Flowers.com. ValentineDay-Flowers.com reserves the right to delete any Content for any reason without notice. ValentineDay-Flowers.com recommends that you keep a backup of your User Content.
2. Age Requirements
Users of the Service must be at least 13 years of age. No information of children under 13 will be knowingly collected by ValentineDay-Flowers.com. If parents or guardians become aware that a child has provided information, such as through misrepresenting their age, they should immediately close the account or Contact Us with details of the account.
3. Restrictions
By using the Service you agree to the following:
1. You agree not to use the Service for any activity that violates and local, state or federal law or statute.
2. You agree not to harm the Site or Service in any way.
3. You agree not to harass or defame other users of the Service, or anyone through your use of the Service.
4. Disclaimer of Warranty and Limitation of Liability
VALENTINEDAY-FLOWERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. VALENTINEDAY-FLOWERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. VALENTINEDAY-FLOWERS MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT VALENTINEDAY-FLOWERS IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, VALENTINEDAY-FLOWERS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF VALENTINEDAY-FLOWERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL VALENTINEDAY-FLOWERS’ AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO VALENTINEDAY-FLOWERS PURSUANT TO THIS AGREEMENT.
5. Indemnification
You agree to defend, indemnify, and hold harmless ValentineDay-Flowers.com and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Services, or your violation of this Agreement.
6. Copyright Infringement
We accept notifications of alleged copyright violations in accordance with the Digital Millennium Copyright Act (The text of the act can be found at http://lcweb.loc.gov/copyright/). Note that if you materially misrepresent a claim of copyright infringement you will be liable for damages. We require the following information in order to respond to your request: 1. Describe in detail the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work is the code that appears on http://www.example.com/thecode.html)
2. Identify the material that you claim is infringing the copyrighted work listed above. Include relevant URL’s that will allow us to identify the work.
3. Your address, telephone number, and email address.
4. Include the following statement “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law”.
5. Include the following statement “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. Sign the notification (Type your full name to sign it electronically if submitted via email).
7. Send the notification to us.
