CEH FLORA GIFT CO TERMS OF SERVICE
Effective Date: 14 October 2017
Ceh Flora Gifts LLC, DBA Ceh Flora Gift Co, a Florida based gift service, (“Ceh Flora Gift Co, Ceh Flora Gifts, Ceh Flora,” “us,” “we,” or “our”) operates an online gift service accessible through the website located at www.CehFloraGifts.com (“The Site”).
These Terms of Service and any additional terms or conditions that we post on the Site from time-to-time (“Terms of Service”) set forth the terms and conditions under which you may access and use The Site.
BY ACCESSING, REGISTERING WITH OR USING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS, REGISTER WITH, OR USE THE SERVICE.
Ceh Flora Gift Co. reserves the right to modify or change these Terms of Service at any time without prior notice to you. If Ceh Flora modifies or changes these Terms of Service, it will also revise the “Effective Date” at the top of this page. The most current version of these Terms of Service can be reviewed by clicking on the “Terms of Service” hypertext link located on the Site. Your continued access to and/or use of the Site after Ceh Flora posts any revised Terms of Service constitutes your agreement to any such revised Terms of Service.
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF SERVICE OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTIES AND SUBJECT TO LIMITATIONS ON CEH FLORA’S LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 9 AND 10 BELOW.
1. General Use and Restrictions .
1.1. License. Conditioned upon and subject to your strict compliance with these Terms of Service, Ceh Flora Gift Co grants you a personal, non-exclusive, non-transferable, limited license to access and use the Site to view information regarding Ceh Flora and its products and services, to products and services from Ceh Flora, in each case (i) to the extent the applicable functionality is made available to you via the Site.
1.2. Use of the Service. You agree not to enter or use the Service for any purpose that is not expressly permitted by these Terms of Service, or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts and licenses regarding your use of the Site including, without limitation, those applicable to the Internet, copyrights and trademarks.
1.3. Information Provided. If you provide any information to us, you agree to provide only true, accurate, current and complete information. If you provide information to us about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are authorized to provide such information to us so that we may use, process and transfer such personally identifiable information in connection with our provision of Service and any purchase made via the Service, and you assume all responsibility for dissemination and use of the information provided.
1.4. Restrictions. You agree not to, without first obtaining Ceh Flora Gift Co’s express written permission, (a) use any of its trademarks as metatags on other web sites; (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others; and/or (c) display any part of the Site in frames (or any content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Service in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Service. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Service except for customary search engines used in accordance with automated instructions directed to search engines and available on the Service.
2. The Service .
2.1. User Accounts. If you successfully register with our Site, you will be considered a “registered user” of and will have a “User Account” for the Site. You shall not create more than one (1) User Account for yourself.
2.2. Access to your User Account. You may not authorize any other person to enter and/or use your User Account. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow another party to use your username and/or password to access your User Account, you will be responsible for all use by that party using your User Account. You agree to (a) immediately notify Ceh Flora of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your User Account at the end of each session.
3. USER CONTENT
3.1. User Content & User Feedback. “User Content” means all content and information submitted via the Site by you, including content and information submitted in connection with your User Account, excluding User Feedback. User Content includes, without limitation, (1) photographs, and (2) other content submitted to the Site for personalization. “User Feedback” means all ideas, concepts, suggestions, and/or proposals regarding the Site that you submit to Ceh Flora.
3.2. License to User Content. By submitting User Content (including, without limitation, personally identifiable information) to the Site, you shall be deemed to grant to Ceh Flora, its affiliates and related entities, a perpetual, royalty-free, irrevocable, worldwide, unrestricted, non-exclusive and fully transferable, assignable and sub-licensable license to (a) use, reproduce, modify, store, publish, adapt, create derivative works from, and distribute such User Content (in whole or part) as part of your User Account and any mailer or packaging that you design and/or purchase via the Site, and (b) display such User Content (in whole or part) as part of your User Account in the course of providing the Site. Ceh Flora may also use your User Content for advertising and promotional purposes if it obtains your prior approval.
You further represent and warrant to Ceh Flora that you have the right to upload or otherwise submit such User Content to us and to grant Ceh Flora the licenses granted in this section, and that such User Content does not infringe, misappropriate or otherwise violate a privacy right or copyright, trademark, or any other intellectual property right of another.
3.3. No Liability for User Content. You are solely responsible for any User Content that you submit to the Site. We shall not be liable for the use or misuse of any such User Content including, without limitation, any personally identifiable information. You acknowledge that we have no obligation to screen User Content uploaded to the Service. Ceh Flora may refuse, remove or disable any content, including User Content, that is available via the Site. Without limiting the generality of the foregoing, we may remove any User Content submitted to the Site that Ceh Flora, in its sole discretion, deems abusive, defamatory, obscene, unlawful or otherwise unacceptable.
3.4. Restrictions on User Content. You agree not to post any User Content to the Site that (a) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, false, hateful, indecent or otherwise objectionable to Ceh Flora in its sole and absolute discretion, (b) contains false, fraudulent, deceptive or misleading statements, (c) infringes, misappropriates or otherwise violates a copyright or trademark, or any other intellectual property right of another, (d) violates the privacy rights of another, or (e) violates any municipal, state or federal law, rule, regulation or ordinance of any nation, or attempts to encourage such violation.
3.5. Rights you Grant to Us. By submitting Log-in Information to us, you are licensing that Log-in Information to us for the purpose of providing the Site, and granting to us the right to use and store such Log-in Information to provide the Site to you. By submitting Log-in Information to us, you represent that you are entitled to submit it to us for use for the purposes described in these Terms of Service, without any obligation on us to pay any fees or any other limitations. By using the Site, you expressly authorize us to access your contact information.
When you add Log-in Information for a social media account, the Site will use such Log-in Information to retrieve User Content from your social media account. You hereby authorize and permit us to use and store Log-in Information submitted by you to the Service to accomplish the foregoing. For purposes of these Terms of Service and solely to provide the Service to you, you grant us a limited power of attorney, and appoint us as your attorney-in-fact and agent, to access third party sites, retrieve and use your Log-in Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING CONTENT AND/OR INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
“Log-in Information” means passwords, usernames and other log-in information used to access your social media account from which you would like obtain User Content.
3.6. Assignment of User Feedback. The Site may permit users to provide User Feedback. If you submit any User Feedback, such User Feedback shall be owned exclusively by Ceh Flora and Ceh Flora may, in its sole discretion, use and/or disclose such User Feedback for any and all purposes, without any compensation to you. To the extent you have or obtain any intellectual property right in or to any User Feedback, you shall be deemed to assign all right, title and interest therein, if any, to Ceh Flora as of the date such right first vests in you.
4. Fees and Payment.
4.1. Fees. Unless we agree otherwise in writing, you shall pay to Ceh Flora any amounts due for any purchases (including, without limitation, sales tax, and any applicable shipping and processing fees) made via the Site in accordance with any fee or payment information posted on the Site, as updated from time-to-time. Ceh Flora Gift Co may, in its sole discretion, issue a refund to the credit card or debit card used at the time of purchase.
4.2. Taxes. The sale of products may include sales tax, if applicable. Purchases not subject to sales tax may be subject to use tax and customers may be required to file use tax returns and pay use tax based on their state of residence. You shall promptly pay, and indemnify Ceh Flora again, all taxes and duties assessed in connection with any purchase made via the Site.
4.3. Payments. All amounts payable hereunder must be made in U.S. dollars. You shall make all payments via credit card, debit card or by other means that we may permit from time-to-time.
4.4. Credit Card Payments. If Ceh Flora (or its applicable payment processor) does not receive payment from the applicable card issuer or its agents, you agree to pay all amounts due immediately upon demand.
6. Linking and Third Party Dealings.
6.1. Links to External Sites. Ceh Flora Gift Co may provide hyperlinks to other web sites and Internet resources operated by parties other than Ceh Flora. Ceh Flora has no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.
6.2. Linking to the Service. Subject to the further provisions of this section 6.2, Greetabl welcomes links to the Service from other web sites. If Ceh Flora demands that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.
7. Intellectual Property.
7.1. General. Except for User Content and content that is in the public domain, the Service and all content, as well as the selection and arrangement of the content, is owned by (or licensed to) Ceh Flora Gift Co. or its suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in these Terms of Service, all rights in and to the Service and content are expressly reserved by Ceh Flora.
7.2. Trademarks. Ceh Flora and the related logos are trademarks of Ceh Flora, and may not be copied, imitated or used, in whole or in part, without Ceh Flora’s prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Ceh Flora or its licensors and may not be copied, imitated, or used, in whole or in part, without Ceh Flora’s prior written permission.
8. Indemnification. You hereby agree to indemnify and hold harmless Ceh Flora Gift Co. and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by any Indemnified Party in connection with any claim arising out of (a) your access and/or use of the Site, (b) any claim that any User Content misappropriates, infringes or otherwise violates any privacy or trademark, copyright, or other intellectual property right of any third party, and/or (c) any breach, or alleged breach, of any of these Terms of Service by you. (d) physical harm by any and all edible components and fragrances included in gifts provided by Ceh Flora and suppliers.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL CEH FLORA GIFT CO OR ITS LICENSORS, OR SUPPLIES BE LIABLE FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OR (B) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THESE TERMS OF SERVICE AND/OR THE SITE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF CEH FLORA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE A REASONABLY FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT OR A TORT THAT FALLS WITHIN THE SCOPE OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Ceh Flora’s total liability to you for any damages arising out of or in any way connected with these Terms of Service or the Service, whether for breach of contract, in tort or otherwise, exceed the greater of (a) ten dollars ($10) or (b) the amount you paid to us, if any, during the three (3) month period immediately before the applicable claims arose.
10. Governing Law and Jurisdiction. These Terms of Service, and all matters arising out of or relating to these Terms of Service, shall be governed by the federal laws of the United States and the laws of the State of Florida, without giving effect to the conflict of law provisions thereof and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
11. General Provisions. If any provision of these Terms of Service is declared or found to be illegal, unenforceable or void, then the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining sections of these Terms of Service shall remain in full force and effect. No right or remedy conferred by these Terms of Service is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. Ceh Flora Gift Co may provide notice to you relating to these Terms of Service by sending an e-mail to your last known e-mail address, if any, your last known postal address, if any, or posting a notice on the Service, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Service. A printed version of these Terms of Service and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Ceh Flora to insist upon or enforce strict performance by you of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. If Ceh Flora brings any suit against you to enforce these Terms of Service or otherwise in connection with your use of the Service, you agree that if Ceh Flora prevails in such suit Ceh Flora shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service.