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Terms & Conditions
Welcome to Flowering, a website owned and operated by Flowering, Inc. Flowering, Inc. provides services to you on Flowering subject to the provisions contained in these Legal Notices. In addition, when you use Flowering, you are subject to these Legal Notices and the terms and conditions applicable to specific services (such as Customer Reviews), which terms and conditions are incorporated herein. Flowering, Inc. reserves the right to change Flowering and these Legal Notices at any time. Please read these Legal Notices carefully. Any use by you of Flowering indicates your understanding and agreement with these Legal Notices.

USE OF SITE
You are at least 18 years old or you are visiting Flowering under the supervision of a parent or guardian.

Flowering, Inc. grants you a limited and revocable license to use Flowering for the purpose of shopping for personal items and not for any commercial use or other use. You may not copy, reproduce, distribute, display, create derivative works from, translate, modify, reverse-engineer or otherwise exploit Flowering or any portion of it. You may not make any commercial use of any information provided on Flowering or make any use of Flowering for any commercial benefit. Flowering, Inc. reserves the right to refuse service, terminate accounts and/or cancel orders or portions thereof in its discretion, including, without limitation, if Flowering, Inc. determines that any customer conduct violates applicable law or is harmful to the interests of Flowering, Inc.

You will not upload to, distribute or otherwise publish through Flowering any information or material that (a) violates or infringes the proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic or could give rise to any civil or criminal liability under any law; or (c) includes any viruses, worms, Trojan horses or other harmful code or properties.

You may be required to select a password and account identification to use certain portions of Flowering. You are solely responsible for protecting the security and confidentiality of this password and identification. You will be responsible for any use of Flowering by anyone using your password and identification, whether or not such use is actually authorized by you.

REVIEWS AND COMMENTS

Anything that you submit to Flowering (including ideas, reviews, comments and suggestions) automatically become the sole and exclusive property of Flowering and will be treated as nonconfidential and nonproprietary. Flowering, Inc. will have the royalty-free, irrevocable and transferable right to use, copy, distribute, display, adapt and create derivative works from such submissions.

Your use of our Customer Ratings and Reviews is subject to the Terms of Use relating thereto, which are hereby incorporated herein. These Terms of Use include your representations that: (a) you are the sole author and owner of the content being posted; (b) "moral rights" that you may have in such content have been voluntarily waived by you; (c) all content that you post is accurate; (d) you are at least 13 years old; and (e) use of the content you supply does not violate the Terms of Use and will not cause injury to any person or entity. Read the entire Terms of Use relating to Customer Ratings and Reviews for more information.

COPYRIGHT AND PATENTS

All text, graphics, button icons, images and software used on Flowering belongs exclusively to Flowering, its affiliated corporate entities or its suppliers. The collection, arrangement, and assembly of all such text, graphics, button icons, images and software belongs exclusively to Flowering.

TRADEMARKS

Flowering and other logos, service or trade names used on Flowering are registered trademarks, trademarks or service marks of Flowering, Inc., its affiliated corporate entities or its suppliers. The use of any Flowering trademark or service mark is prohibited without the prior written consent of Flowering, Inc.

RISK OF LOSS

The risk of loss and title for items purchased by you pass to you upon the delivery by Flowering, Inc. of the items to the carrier.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedy, Flowering, Inc. may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of Flowering and Flowering, Inc. may revoke any password(s) and/or account identification issued to you and deny you access to and use of Flowering. Any such action shall not affect any rights and obligations arising prior thereto.

DISCLAIMER AND LIMITATION OF LIABILITY

The products offered for sale on Flowering and the transactions conducted upon and through it are provided to you on an "as is" basis. Flowering, Inc. makes no representation of any kind, express or implied, as to the operation of Flowering or the information, content or products presented on Flowering. To the extent allowed by law, Flowering, Inc. disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and systems integration. Flowering may include inaccuracies, mistakes or typographical errors.

To the extent allowed by law, Flowering, Inc. will not be liable for any damages of any kind arising from your use of Flowering including, but not limited to, indirect, incidental, punitive, exemplary, special or consequential damages. To the extent allowed by law, the total liability of Flowering, Inc. to you for any damages (regardless of reason the therefor) will not exceed the total amount of money actually paid by you during the six (6) weeks immediately before the act giving rise to the alleged responsibility of Flowering, Inc.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Flowering will have the right to refuse or cancel any orders placed for such product whether or not the order has been confirmed and whether or not your credit card, debit card or other payment method has been charged. If you were charged for the purchase and your order is canceled, Flowering will issue a credit to you in the amount of the charge.

LINKS

Flowering may contain links to other sites that are owned and operated by other parties. Flowering, Inc. is not responsible for the operation of or content located on any such other site.

REMEDIES

The remedy of Flowering, Inc. at law for any actual or threatened breach of these terms and conditions would be inadequate and Flowering, Inc. will be entitled to specific performance or injunctive relief, or both, in addition to any damages that Flowering, Inc. is legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of Flowering, Inc. shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No waiver by Flowering, Inc. of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

APPLICABLE LAW

The laws of the State of California will govern these terms and conditions without giving effect to any principles of conflicts of laws.
Last Updated: 21 Sep 2007 04:24:45 PDT home  |  about  |  terms  |  contact
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