Effective
05/29/2005Welcome to
Amazing Roses
Amazing Rosesand its affiliates provide their services to you
subject to the following conditions. If you visit or shop at
Amazing Roses, you accept these conditions. Please read them
carefully. In addition, when you use any current or future
Amazing Rosesservice or visit or purchase from any business
affiliated with
Amazing Roses, whether or not included in the
Amazing RosesWeb site, you also will be subject to the
guidelines and conditions applicable to such service or business.
PRIVACY
Please review our
Privacy
Notice, which also governs your visit to
Amazing Roses, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit
Amazing Rosesor send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting
notices on this site. You agree that all agreements, notices, disclosures
and other communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and
software, is the property of
Amazing Rosesor its content suppliers and protected by United
States and international copyright laws. The compilation of all content on
this site is the exclusive property of
Amazing Rosesand protected by U.S. and international copyright
laws. All software used on this site is the property of
Amazing Rosesor its software suppliers and protected by United
States and international copyright laws.
LICENSE AND SITE ACCESS
Amazing Rosesgrants you a limited license to access and make
personal use of this site and not to download (other than page caching) or
modify it, or any portion of it, except with express written consent of
Amazing RosesThis license does not include any resale or
commercial use of this site or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of this site
or its contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools. This site or any portion of this site
may not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without express written
consent of
Amazing RosesYou may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of
Amazing Rosesand our affiliates without express written
consent. You may not use any meta tags or any other "hidden text"
utilizing
Amazing Roses's name or trademarks without the express written
consent of
Amazing RosesAny unauthorized use terminates the permission or
license granted by
Amazing RosesYou are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of
Amazing Rosesso long as the link does not portray
Amazing Roses, its affiliates, or their products or services in
a false, misleading, derogatory, or otherwise offensive matter. You may
not use any
Amazing Roseslogo or other proprietary graphic or trademark as
part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities
that occur under your account or password.
Amazing Rosesdoes sell products for children, but it sells them
to adults, who can purchase with a credit card. If you are under 18, you
may use
Amazing Rosesonly with involvement of a parent or guardian.
Amazing Rosesand its affiliates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in
their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit
suggestions, ideas, comments, questions, or other information, so long as
the content is not illegal, obscene, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise
injurious to third parties or objectionable and does not consist of or
contain software viruses, political campaigning, commercial solicitation.
You may not use a false e-mail address, impersonate any person or entity,
or otherwise mislead as to the origin of content.
Amazing Rosesreserves the right (but not the obligation) to
remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate
otherwise, you grant
Amazing Rosesand its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media.
You grant
Amazing Rosesand its affiliates and sublicensees the right to
use the name that you submit in connection with such content, if they
choose. You represent and warrant that you own or otherwise control all of
the rights to the content that you post; that the content is accurate;
that use of the content you supply does not violate this policy and will
not cause injury to any person or entity; and that you will indemnify
Amazing Rosesor its affiliates for all claims resulting from
content you supply.
Amazing Roseshas the right but not the obligation to monitor
and edit or remove any activity or content.
Amazing Rosestakes no responsibility and assumes no liability
for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Amazing Rosesand its affiliates respect the intellectual
property of others. If you believe that your work has been copied in a way
that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from
Amazing Rosesare made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
PRODUCT DESCRIPTIONS
Amazing Rosesand its affiliates attempt to be as accurate as
possible. However,
Amazing Rosesdoes not warrant that product descriptions or
other content of this site is accurate, complete, reliable, current, or
error-free. If a product offered by
Amazing Rosesitself is not as described, your sole remedy is to
return it in unused condition.
OTHER BUSINESSES
Parties other than
Amazing Rosesand its subsidiaries operate stores, provide
services, or sell product lines on this site. In addition, we provide
links to the sites of affiliated companies and certain other businesses.
We are not responsible for examining or evaluating, and we do not warrant
the offerings of, any of these businesses or individuals or the content of
their Web sites.
Amazing Rosesdoes not assume any responsibility or liability
for the actions, product, and content of all these and any other third
parties. You should carefully review their privacy statements and other
conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY
Amazing RosesON AN "AS IS" AND "AS AVAILABLE" BASIS.
Amazing RosesMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
Amazing RosesDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
Amazing RosesDOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM
Amazing RosesARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Amazing RosesWILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting
Amazing Roses, you agree that the laws of the state of Florida,
without regard to principles of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might arise between you
and
Amazing Rosesor its affiliates.
DISPUTES
Any dispute relating in any way to your visit to
Amazing Rosesor to products you purchase through
Amazing Rosesshall be submitted to confidential arbitration in
Ft. Lauderdale, Florida, except that, to the extent you have in any manner
violated or threatened to violate
Amazing Roses's intellectual property rights,
Amazing Rosesmay seek injunctive or other appropriate relief in
any state or federal court in the state of Florida, and you consent to
exclusive jurisdiction and venue in such courts. Arbitration under this
agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrator's award shall be binding
and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under
this Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class arbitration proceedings
or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also
govern your visit to
Amazing RosesWe reserve the right to make changes to our site,
policies, and these Conditions of Use at any time. If any of these
conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity
and enforceability of any remaining condition.
