Welcome to Yummyflowerz. (" Yummyflowerz," " we ," " us " or " our ") owns and operates the www.yummyflowerz.com. Yummyflowerz provide this Website and our products and services to you subject to the following conditions.
Please review our Product Policy, which also governs your purchase of products through this Website for more information on the terms and conditions of sale for our Yummyflowerz bouquets and other products.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations, and software, and the compilation (including the collection, selection, assembly and arrangement) of such materials is the property of yummyflowerz or its licensors or content suppliers and protected by copyright, trademark and other laws in the United States and other jurisdictions.
Yummyflowerz grants you a limited license to access this Website, and to download or print a copy of the materials on this Website for your personal use only provided that you:
You may create an account for your personal use (" User Account ") or for your organization's use (" Corporate Account "). Creating a User Account or Corporate Account (collectively, the "Accounts") entitles you receive some great benefits, including to receive notice of special offers, to maintain an address book for recipients of Yummyflowerz bouquets, to set reminders for birthdays or special occasions, or to view your order history. To obtain an Account, you will be required to submit an online or other registration form, which may ask for, without limitation, your name, address, email address, age and gender. You will also be required to choose a username and password or access code (collectively, the " Password ").
You agree to:
If you create an Account, you agree:
You acknowledge and agree that you shall be solely liable and responsible for all activities that occur under your Account or Password. You further agree that Yummyflowerz shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Account or Password by you or anyone other than Yummyflowerz.
If you believe that any third party has violated this Agreement or infringed any of Yummyflowerz rights in this Website or the materials contained on this Website, please contact us at: [[email protected]]
If you are under 18 or under the legal age to enter into enforceable contracts in the jurisdiction from which you are accessing this Website, you may use the Website only with consent of a parent or guardian.
Users may post or communicate reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information on or through a Website (collectively, the " Submission "). You agree not to post e-mails or submit to or publish through the Websites or otherwise make available on the Websites any content (including any Submission), or act in a way, which in our opinion:
Yummyflowerz reserves the right (but not the obligation) to review, remove or edit such content or any Submission which Yummyflowerz in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate. However, you acknowledge and agree that we do not regularly review posted Submissions or other content and that we are not under any obligation to control or monitor any Submissions published by you or any other Website users. Yummyflowerz takes no responsibility and assumes no liability for any Submission made or content posted by you or any third party.
If you do post or make a Submission you agree that it will forever be the property of Yummyflowerz and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. Yummyflowerz will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Yummyflowerz operations. Without limitation, Yummyflowerz will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You hereby grant Yummyflowerz, its affiliates and franchisees the right to use the name that you submit in connection with such Submission. You represent and warrant that you own or otherwise control all of the rights to the Submission.
In connection with your use of this Website, you consent to Yummyflowerz recording any communication, electronic or otherwise, between you and Yummyflowerz and retaining any Submission you make while using the Website. Please do not send any time-sensitive Submission or other communications by e-mail to Yummyflowerz as we cannot be responsible for responding to any such communications.
You agree to indemnify and hold harmless Yummyflowerz, its affiliates and subsidiaries, and all of their managers, members, directors, officers, agents, employees, suppliers, vendors, and service providers from any claims, judgments, liability, and expenses, including reasonable attorneys fees, whether in tort, in contract or otherwise, that it or any of them may incur by reason of or arising out of any claim, including claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party relating to your breach of the Agreement or use of this Website.
You expressly acknowledge that this Website may contain links to other websites not controlled, operated or owned by Yummyflowerz. Unless otherwise expressly provided by Yummyflowerz, Yummyflowerz provides no endorsement or representation of any kind regarding the products, services, content or appropriateness of content of such websites, and explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through any such linked website. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any such linked website. Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.
THIS WEBSITE, THE INFORMATION AND MATERIALS CONTAINED ARE PROVIDED BY YUMMYFLOWERZ AND/OR ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS. YUMMYFLOWERZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS, INCLUDED OR MADE AVAILABLE ON OR THROUGH THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YUMMYFLOWERZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ON THIS WEBSITE, AND ON THE INFORMATION AND MATERIALS PROVIDED ON OR OFFERED FOR SALE ON THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. YUMMYFLOWERZ DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM YUMMYFLOWERZ; ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; OR THAT DEFECTS WILL BE CORRECTED. YUMMYFLOWERZ DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON ANY WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YUMMYFLOWERZ MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.
Yummyflowerz may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. Yummyflowerz may suspend access or use by any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate, without notice. If Yummyflowerz believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and Passwords, terminate accounts or take other corrective action it deems appropriate. Yummyflowerz will fully cooperate with any law enforcement authorities or court order requesting or directing Yummyflowerz to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate this Agreement. YOU WAIVE AND HOLD HARMLESS YUMMYFLOWERZ FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY YUMMYFLOWERZ DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER YUMMYFLOWERZ OR LAW ENFORCEMENT AUTHORITIES.