Terms Of Use - ChinaFlower214.COM - China Flower Delivery Shop

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The following rules ("Terms and Conditions") govern the use of each of the websites located at, or linked to, the URLs www.chinaflower214.com, and the use of any of our co-branded websites that we maintain with one or more of our business partners (which website contains a link to these Terms and Conditions) and the services that may be offered on each of the sites; our greeting, hint, reminder or Track & Modify Your Order services; our Affiliate Program(s) and corporate accounts; the ability to order products and receive newsletters and promotional emails; and any related links (collectively, our "Sites"). Please read the following Terms and Conditions carefully.

By using any one of our Sites, you understand and expressly agree to be legally bound by these Terms and Conditions and our Privacy Notice and to follow these Terms and Conditions and all applicable laws and regulations governing our Sites. The Terms and Conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Provide Commerce, Inc. ("Provide Commerce," "we" or "us"). We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Sites. If you violate these Terms and Conditions, we may terminate your use of the Sites, bar you from future use of the Sites, and/or take appropriate legal action against you.

Copyrights and Trademarks of Provide Commerce

Each of our Sites is owned and operated by us. Unless otherwise specified, all materials appearing on our Sites, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Provide Commerce, Inc., 1998-2007, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Provide Commerce or our respective content providers. The content and software on our Sites is the property of Provide Commerce and/or its suppliers and is protected by U.S. and international copyright laws. You may view, download, print and retain a copy of pages of any of our Sites only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from any of our Sites in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on any one of our Sites you may contact us at info@chinaflower214.com. All rights not expressly granted herein are reserved.

We post legal notices and various credits on pages of each of our Sites. If you duplicate, publish or otherwise distribute material on any of our Sites, you may not remove these notices or credits or any additional information accompanying such notices and credits.

The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of Provide Commerce. All other trade names, trademarks or service marks are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us at info@chinaflower214.com.

Permitted Use

You agree that you are only authorized to visit, view and to retain a copy of pages of the Sites for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Sites for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by us to do so. The content and software on the Sites are the property of Provide Commerce and is protected by U.S. and international copyright laws.

Copyright Policy

We may terminate the privileges of any user who uses the Sites unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to the Sites, you warrant that the information does not infringe the copyrights or other rights of third parties.

Representations by You

By visiting any of the Sites, you represent, warrant and covenant that
(a) you are at least 18 years old;
(b) that you are a resident of the United States;
(c) that all materials of any kind submitted by you through the Sites or for inclusion on the Sites will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

Accounts

During the registration process you will be asked to select a unique password for access to certain portions of the Sites. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Sites, you represent and warrant that:
(i) you are the customer who registered for the services;
(ii) that you are using the services only for permitted purposes;
(iii) you are not a competitor of Provide Commerce, or agent thereof;
(iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security;
(v) you will ensure that you exit from your account at the end of each session. Please notify us at info@chinaflower214.com of any potential unauthorized use(s) of your account, or breach of security.

You also represent and warrant that:
(i) you will not select or utilize a user name of another person with intent to impersonate that person;
(ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name;
(iii) you will not select or utilize a user name that Provide Commerce in its sole discretion deems offensive.

Typographical Errors

In the event a product (including, but not limited to, flowers, plants, floral arrangements, fruits and meat products) is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

Sales Taxes

We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Arizona, California, Colorado, Florida, Georgia, Illinois, Indiana, Massachusetts, Mississippi, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Texas, Virginia and Washington. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state. Notwithstanding the foregoing, sales tax will not be applicable with respect to orders on uncooked meat products from our www.uptownprime.com Site (except for residents of Tennessee).

Specials, Promotions and Sweepstakes/Contests

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct.

Links and Search Results

Each of our Sites may link to other sites operated by third parties. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not endorse the content of other sites, and cannot warrant that these sites do not contain viruses or other features that may adversely affect your computer. By using any one of our Sites to search for or link to another third party site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of our Site to obtain search results and/or to link to a third party site. However, if you have a problem with a link from any one of our Sites, please notify us at info@chinaflower214.com. We will investigate the link and take appropriate action.

Violation of the Terms and Conditions

By using any one of our Sites, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to one or more of our Sites and to any services offered on our Sites, and may remove any content on any of our Sites you have provided ("User Content") if we believe that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law or the rights of Provide Commerce or another user.

License Granted by You

By providing User Content to us, which includes submitting or uploading content or materials for use on the Sites, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable worldwide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

Compliance With Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Sites and your purchase of products or services through our Sites. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions or our privacy policy ("Privacy Policy"), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.

Export

The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

Privacy

We respect and make efforts to protect the privacy of all users of our Sites. Our current Privacy Policy available at https://www.chinaflower214.com/privacy.htm is incorporated herein by reference and made a part of the Terms and Conditions.

DMCA Policy

If you are notifying Provide Commerce of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:

A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
A description of the allegedly infringing material and information sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be

Feedback

We welcome all comments, feedback, information, or materials ("Feedback"), which you submit to us by email or otherwise through or in conjunction with any one of our Sites. Please note that Feedback shall be considered non-confidential and become the property of Provide Commerce. By submitting Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We shall be free to use Feedback on an unrestricted basis.

Restrictions

You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through any of our Sites. You agree not to use any of our Sites or any content contained in it for any illegal or inappropriate activities.

Shipping and Delivery

Provide Commerce, in conjunction with our service providers, will attempt to deliver a product on the requested day. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery.

Provide Commerce is not responsible for:

Flowers, plants, fruits, meat products and preserved items delivered to incorrect addresses supplied by the sender.
Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
Product quality problems caused by improper handling by the recipient.

Free shipping offers are valid only on weekday deliveries to addresses within the Continental United States.

Orders

Provide Commerce does not allow orders to be edited or cancelled within forty-eight (48) hours of the requested delivery date, or within the seven (7) days prior to Thanksgiving, Christmas, Valentine's Day or Mother's Day, because of our extremely high volume of orders during these times.

Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.

Limitation of Liability

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, PROVIDE COMMERCE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD OR THE OPERATION, CONTENT OR USE OF OUR SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Advertising

The Sites may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

Applicable Law

You agree that any legal action brought against us shall be governed by the laws of the State of California, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on any one of our Sites shall be an appropriate federal or state court located in San Diego County, California. We make no representations that the content in our Sites is appropriate for access outside the United States. Those who choose to access any one of our Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

Indemnity

By using any one of our Sites, you agree to indemnify and hold Provide Commerce, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of such Site, including providing a link to another site or uploading any content to such Site.

Severability

If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Headings

Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions.

How to Contact Us

If you have any comments or questions, please do not hesitate to contact us at service@chinaflower214.com or at 86-20-36962293.