Disclaimers and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF 1-800-THE-ROSE.COM IS AT YOUR SOLE RISK. YOU MUST BE 18 YEARS OR OLDER TO REGISTER AS A MEMBER. NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT 1-800-THE-ROSE.COM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF 1-800-THE-ROSE.COM, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH 1-800-THE-ROSE.COM; EXCEPT THAT THE COMPANY DOES GUARANTEE (THROUGH ITS "100% SATISFACTION GUARANTEE") THAT YOUR FLORAL ARRANGEMENT WILL STAY FRESH FOR SEVEN DAYS AFTER DELIVERY, AND IF IT DOES NOT, THE COMPANY'S SOLE MAXIMUM LIABILITY WILL BE NOT MORE THAN TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER AN EQUIVALENT FLORAL ARRANGEMENT AS SOON AS REASONABLY PRACTICABLE.
1-800-THE-ROSE.COM IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND THE COMPANY SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING 1-800-THE-ROSE.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE 1-800-THE-ROSE.COM, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM 1-800-THE-ROSE.COM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH 1-800-THE-ROSE.COM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You acknowledge that 1-800-THE-ROSE.COM contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may use the content only for your personal non-commercial use and make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Distribution/Uploading of Third Party Content
Except as set forth in the section above entitled "Proprietary Rights," you may upload to or otherwise distribute on 1-800-THE-ROSE.COM only Content that is not subject to any copyright or other proprietary rights protection of any third party (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You, not the Company, nor its affiliates, nor any of its officers, directors, employees, agents, Merchants, Providers, Sponsors, Licensors, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By submitting Content to any user, you automatically grant, or warrant that the owner of such Content has expressly granted the Company the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, modify, adapt, creat derivative works from and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any other user to access, store, or reproduce the Content solely for that user's personal use. Subject to this grant, the owner of Content placed on 1-800-THE-ROSE.COM retains any and all rights which may exist in such Content.
1-800-THE-ROSE.COM respects the rights of all copyright holders and in this regard it has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 1-800-THE-ROSE.COM's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 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 copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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;
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 notifications 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.
1-800-THE-ROSE.COM's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Attn: Eric Nachimovsky
700 Hicksville Road
Bethpage, N.Y. 11714
Third Party Content
The Company is a distributor and not a publisher of the Content supplied by third parties and you. The Company does not have editorial control over such Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including Providers, Merchants, Sponsors, Licensors, or any other user of 1-800-THE-ROSE.COM, are those of the respective authors or distributors and not of the Company or its affiliates or any of its officers, directors, employees, or agents. NEITHER THE COMPANY NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY THIRD PARTY, INCLUDING ANY PROVIDER, MERCHANT, SPONSOR, LICENSOR, OR ANY OTHER USER OF 1-800-THE-ROSE.COM, GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
In many instances, the Content available through 1-800-THE-ROSE.COM represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor, or user not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on 1-800-THE-ROSE.COM by anyone other than authorized Company employees. Under no circumstances shall the Company, or its affiliates, or any of its officers, directors, employees, or agents be liable for any loss or damage caused by your reliance on information obtained through 1-800-THE-ROSE.COM. It is your responsibility to evaluate the information, opinion, advice, or other Content available through 1-800-THE-ROSE.COM.
The U.S. 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 -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from 1-800-THE-ROSE.COM to either a foreign national or a foreign destination in violation of such laws.
The Company's Rights
The Company may elect, but is not obligated, to electronically monitor areas of 1-800-THE-ROSE.COM and may disclose any Content, records, or electronic communication of any kind and information you provide to 1-800-THE-ROSE.COM (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government request or to comply with judicial process; or (ii) if such disclosure is necessary or appropriate to operate this site; or (iii) to protect the rights or property of the Company, its users, Sponsors, Providers, Licensors, or Merchants. The Company is not responsible for screening, policing, editing, or monitoring such Content. Subject to the provisions above under "Copyright Agent", if notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from 1-800-THE-ROSE.COM.
The Company reserves the right to prohibit or remove conduct, communication, or Content that it deems in its sole discretion to be harmful to customers, members, users, content or service providers the Company or its affiliates, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the Company nor its Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither 1-800-THE-ROSE.COM, nor its affiliates, nor any of its officers, directors, employees, or Agents, nor Provider, Merchant, Sponsor, or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content on 1-800-THE-ROSE.COM.
You agree that you will not use 1-800-THE-ROSE.COM to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are specifically designated for such a purpose.
Public and Private Communications
Termination of Usage
The Company may terminate your access, or suspend your access to all or part of 1-800-THE-ROSE.COM, without notice, for any conduct that 1-800-THE-ROSE.COM, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, content or service provider, or the Company.
You may not use 1-800-THE-ROSE.COM to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are designated for such a purpose.
Acknowledgment and Changes