TELEFLORA.COM/FLOWER-NEWS TERMS AND CONDITIONS
Please read these Terms and Conditions before using this Service. By continuing to use Teleflora's Flower News Blog, you agree to the Terms and Conditions.
1. Welcome to Teleflora.com/Flowerblog (“Service”), a service provided by Teleflora LLC (“Teleflora” or “We”). We reserve the right to change the terms of the Terms and Conditions or to modify any features of this Service at any time without notice to you, and you agree to be bound by such changes. Any changes to the Terms and Conditions shall become a part of these Terms and Conditions and shall apply as soon as they are posted. The most current version of the Terms and Conditions can be viewed at any time at Teleflora.com/Flowerblog. Your use of this Service constitutes your agreement to all such terms, conditions and policies. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the Service shall be subject to this Terms and Conditions. Nothing in these Terms and Conditions shall be deemed to confer any third party rights or benefits.
2. Teleflora reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Teleflora shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
3. You shall be solely responsible for your own submissions, the posting of any content including, but not limited to, photographs, illustrations, audio clips and video clips and the consequences thereof. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through the Service and you are responsible for protecting those rights and obtaining the required consents and authorizations, as appropriate. By posting any submission and content, you hereby grant Teleflora and its affiliates the worldwide, nonexclusive, royalty free, and perpetual license to reproduce, publish and distribute such content on the Service or any media operated by Teleflora or its affiliates. Furthermore, Teleflora reserves the right to refuse, accept, post, display or transmit any content in it sole discretion. You agree that you will use the Service in compliance with all applicable laws, rules and regulations.
4. Not all postings will be published on Teleflora.com/Flowerblog. Teleflora reserves the right to edit, remove or not publish submissions without prior notice. Teleflora does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any communications posted on the Service or endorse any opinions expressed on the Service.
5. Although Teleflora may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Service, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Service. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
6. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service or the content therein.
7. You agree to indemnify and hold harmless Teleflora and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
8. This Service is available “as is.” We do not warrant that this service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this service. We do not make any warranties, express or implied, including, without limitation, those merchantability and fitness for a particular purpose, with respect to this service or any information or goods that are available or advertised or sold through this service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this service or available through links in this service. We reserve the right to correct any errors or omissions in this service. Although we intent to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to this service, we do not guarantee or warrant that this service or materials that may be downloaded from this service do not contact such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this service and any materials available through this service, you do so solely at your own risk.
9. We are not responsible for the availability or content of other services that may be linked to this Service. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that Teleflora shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
10. Teleflora and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
11. You acknowledge that Teleflora owns all rights, title and interest in and to the Service, including all intellectual property rights therein. The contents of this Service are intended for your personal and noncommercial use. All materials published on the Site including, but not limited to, photographs, illustrations, audio clips and video clips and other such materials and content are protected by copyright and trademark rights, and either owned or controlled by Teleflora or licensed to Teleflora.
13. This Agreement shall be governed by the laws of the United States and the State of California, applicable to agreements made and to be performed therein without regard to conflict of laws principles. By continuing to use the service, you agree to abide by the terms of this agreement.
14. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on Teleflora.com/Flowerblog.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should provide us with written notice that contains the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All DMCA notices should be sent to:
11444 W. Olympic Blvd., 10th Floor
Los Angeles, CA 90064
Attn: Chief Legal Officer
Fax: (310) 966-5758
15. If you have any questions or comments about the Service, please contact the Teleflora Customer Service Department by phone at 1.800.Teleflora or by e-mail at email@example.com.
16. If you have any questions or comments about these Terms and Conditions, please contact us at the address listed above. Please report any violations of the Terms and Conditions to firstname.lastname@example.org.
© 2009 Teleflora LLC. All rights reserved.
Last updated June 6, 2011