PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE, MOBILE APPLICATIONS, API, AND SERVICES OFFERED BY master.florist. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT master.florist (THE "SITE"), API, MOBILE APPLICATIONS, AND SERVICES PROVIDED BY 'Master Florist' (COLLECTIVELY, THE “SERVICES”).
By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, partners, contributors of content, information and other materials or services on the Site.
If you have any questions, concerns or suggestions please contact 'Master Florist'.
The Site acts as a venue to allow users who comply with 'Master Florist' policies to contribute content and offer services. 'Master Florist' has only limited control over the quality, safety, morality or legality of any aspect of the content or items listed, the truth or accuracy of the content, the ability of sellers to sell items, or the ability of buyers to pay for items. 'Master Florist' does not extensively pre-screen users or the content or information provided by users.
You agree that 'Master Florist' is a venue and service provider and as such is not responsible or liable for any content, for example, data, text, information, user-names, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on 'Master Florist'. You use the 'Master Florist' service or offer it to your clients at your own risk.
Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. 'Master Florist' may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
You agree to comply with all local laws regarding online conduct and acceptable content.
'Master Florist' services are not available to temporarily or indefinitely suspended 'Master Florist' users. 'Master Florist' reserves the right, in 'Master Florist' sole discretion, to cancel unconfirmed or inactive accounts. 'Master Florist' reserves the right to refuse service to anyone or any business, for any reason, at any time.
'Master Florist' does not claim ownership rights to your Content. You grant 'Master Florist' a license solely to enable 'Master Florist' and partners to use any information or Content you supply 'Master Florist' with, so that 'Master Florist' is not violating any rights you might have in that Content. You grant 'Master Florist' a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow 'Master Florist' to store, translate, or reformat your Content on 'Master Florist' and display your Content on 'Master Florist' in any way 'Master Florist' chooses. 'Master Florist' will only use personal information in accordance with 'Master Florist' Privacy Policy.
As part of an activity or service, you may obtain personal information, including email address and other details, from another 'Master Florist' user or party associated with that user. Without obtaining prior permission from the other user, this personal information shall only be used for that service or for 'Master Florist'-related communications. 'Master Florist' has not granted you a license to use the information for unsolicited commercial messages or unauthorized activity. Without limiting the foregoing, without express consent from the user, you are not licensed to add any 'Master Florist' user or party associated with that user to your email or physical mail list. For more information, see 'Master Florist'Privacy Policy.
By posting Content on 'Master Florist', it is possible for an outside website or a third party to re-post that Content. You agree to hold 'Master Florist' harmless for any dispute concerning this use. If you choose to display your own 'Master Florist'-hosted media or other content on another website, the image must provide a link back to its listing page on 'Master Florist'.
'Master Florist' claims rights on the consolidation, structure and organisation of user, business and related data. As such, as a user of Services you are not permitted to download, scrape, or otherwise seek to copy, modify, reproduce or create derivative works from any content or data and details without prior consent from 'Master Florist'. However, having said that, please do not hesitate to contact 'Master Florist' to seek consent, as, at our sole discretion we may be willing to provide APIs to facilitate access to data in the interests of “growing together”.
In the event a dispute arises between you and 'Master Florist', please contact 'Master Florist'. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Amsterdam, Netherlands. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the courts located in Amsterdam, Netherlands. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and 'Master Florist' agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
In the event a dispute arises between you and another user or a third party, 'Master Florist' encourages you to contact the user or third party to resolve the dispute amicably. 'Master Florist' has no obligation to resolve disputes between users or between users and outside parties. To the extent that 'Master Florist' attempts to resolve a dispute, 'Master Florist' will do so in good faith based solely on master.florist policies. 'Master Florist' will not make judgments regarding legal issues or claims.
You release 'Master Florist' (and 'Master Florist' officers, directors, agents, subsidiaries, joint ventures and members) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
'Master Florist', and other 'Master Florist' graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of 'Master Florist' in Netherlands and/or other countries. 'Master Florist' trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Except as provided in 'Master Florist' Privacy Policy 'Master Florist' will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. 'Master Florist' stores and processes Content on computers located in Netherlands and Switzerland as well as on Google's cloud infrastructure which are protected by physical as well as technological security.
'Master Florist', 'Master Florist' SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, AND 'Master Florist' SUPPLIERS PROVIDE 'Master Florist' WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. 'Master Florist', 'Master Florist' SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS AND 'Master Florist' SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM 'Master Florist' SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL 'Master Florist' , AND (AS APPLICABLE) 'Master Florist' SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS OR 'Master Florist' SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, 'Master Florist' SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
'Master Florist' LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF 'Master Florist' SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO 'Master Florist' IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD 'Master Florist' AND (AS APPLICABLE) master.florist PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND MEMBERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
'Master Florist' does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside 'Master Florist' control.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and 'Master Florist' are independent contractors, and no agency, partnership, joint venture, member-employer or franchiser-franchisee relationship is intended or created by this Agreement.
'Master Florist' reserves the right to modify or terminate the 'Master Florist' service for any reason, without notice, at any time. 'Master Florist' reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If 'Master Florist' makes a material change 'Master Florist' will notify you here, by email, by means of a notice on our homepage, or other places 'Master Florist' deems appropriate. What constitutes a "material change" will be determined at 'Master Florist' sole discretion, in good faith, and using common sense and reasonable judgment.
This Agreement shall in all respects be interpreted and construed with and by the laws of Amsterdam, Netherlands.
Sections relating to: Content, License, Resolution of Dispute and Release, Master Florist Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guaranty, Severability, No Agency, Choice of Law shall survive any termination or expiration of this Agreement.
Effective August 1, 2015,
last updated August 1 2015.
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