Flowers for Dreams Foundation Terms & Conditions of Use
Effective Date: April 20, 2021
Flowers for Dreams Foundation (“FFDF”) provides certain services through: (a) this website; (b) various social media accounts, including, without limitation, Facebook, Twitter, Instagram, Pinterest and YouTube; and (c) through FFDF’s various other messaging, telephone and other forms of communications, mobile technologies, applications and services, in each case, as may be updated by FFDF from time to time (collectively, the "FFDF Services").
These Terms are current as of the Effective Date. FFDF reserves the right to change these Terms from time to time. Please consult these Terms from time to time since FFDF may, at any time, and without notice, revise these Terms by updating this posting.
By accessing or using the FFDF Services, you are bound by these Terms and any revisions, so you should periodically visit this page to review the current Terms. Access or use of the FFDF Services following any change to the Terms constitutes your agreement to those changes. If, at any time, you choose not to accept the terms of these Terms, you should not access or use the FFDF Services.
You agree that you do not have any rights in the FFDF Services and that FFDF will have no liability to you if the FFDF Services, or any portion thereof, are discontinued or your ability to access or use the FFDF Services is terminated.
1. Authorized Users.
You affirm that you are 13 years of age or older. Subject to these Terms, you may not use the FFDF Services if you are unable to form a legal binding agreement with FFDF. You agree that you are only authorized to visit or use the FFDF Services for your own personal use and not for any business purposes without a separate agreement in writing with FFDF. You may not use the FFDF Services to purchase any product for resale by you or on behalf of any other person. You may not resell, either directly or indirectly, any product purchased using the FFDF Services.
2. Accounts and Passwords.
You may establish an account to use or access certain features of the FFDF Services. During the account registration process, you will be asked to select a unique password. You are solely responsible for protecting the security and confidentiality of your password, as applicable, and are accountable for any activity undertaken through your FFDF account. By logging into the FFDF Services, you represent and warrant that: (a) you are the customer who registered for the FFDF Services; and (b) that you are using the FFDF Services only for permitted purposes. You will immediately notify FFDF by providing notice to FFDF Customer Service at firstname.lastname@example.org of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. If you create an account, you 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; and (iii) you will not select or utilize a user name that FFDF in its sole discretion deems offensive.
FFDF reserves the right, in its sole discretion, immediately and without notice, to suspend or terminate your account or your ability to access the FFDF Services for any reason, including, without limitation, any breach of these Terms by you.
3. Legal Notices.
FFDF posts legal notices on pages of the FFDF Services. The FFDF Services may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of FFDF or other parties. Except as expressly provided in Section 5 of these Terms, no license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights is granted to or conferred upon you.
5. FFDF Content.
Content on the FFDF Services that is provided by FFDF, its employees or its licensors, including original art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans and the compilation of the foregoing ("FFDF Content") is the property of FFDF or its licensors and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws.
You are authorized to access and use the FFDF Services and related FFDF Content; provided that: (a) your use of the FFDF Services and FFDF Content as permitted hereunder is solely for your personal, non-commercial use; (b) you will not copy, distribute or transfer any portion of the FFDF Services or FFDF Content on any media without FFDF's prior written or electronic approval; (c) you will not alter, adapt, reverse engineer, or otherwise modify any part of the FFDF Services or FFDF Content other than as may be reasonably necessary to use that part of the FFDF Services or FFDF Content for its intended purpose; and (d) you will otherwise comply in full with these Terms. Any access or attempt to access other areas of any FFDF computer system or other information contained on the system for any purpose other than as intended by FFDF is strictly prohibited.
6. FFDF Use of User Content.
To the extent applicable, software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
8. Third Party Content.
FFDF has no control over and is not responsible and assumes no liability for: (i) any third party content contained within the FFDF Services; or (ii) the applicable third parties.
9. No Offensive or Infringing Use.
FFDF respects the intellectual property of others, and FFDF expects its users to do the same. It is FFDF's policy, in appropriate circumstances and at FFDF's discretion, to disable or terminate users of the FFDF Services who infringe or repeatedly infringe the copyrights or other intellectual property rights of FFDF or other rights owners. When using the FFDF Services, you will not use any feature of the FFDF Services for any purpose that is illegal, tortious, obscene, threatening, defamatory, libelous, invasive of another's privacy, pornographic, racist, abusive, harassing, threatening, offensive, hateful, or otherwise injurious to the legal rights (such as rights of privacy and publicity) of third parties. You also agree not to upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
10. DMCA Notice.
If you are a copyright owner or an agent thereof and believe any User Content or other FFDF Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to FFDF Customer Service at email@example.com and include the following information:
(a) Identification of the copyrighted 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;
(b) 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 FFDF to locate the material;
(c) Information reasonably sufficient to permit FFDF to contact you, such as an address, telephone number and, if available, an electronic mail address;
(d) A statement that you have 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;
(e) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed
You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your DMCA notice may not be valid and FFDF may not be able to remove infringing content.
You should also send your notification to the following address:
1812 W. Hubbard Street
Chicago, IL 60622
11. Mobile Capabilities.
The FFDF Services may include certain services available via your mobile phone, including, without limitation: (a) the ability to upload to FFDF websites or applications via your mobile phone; (b) the ability to receive and reply to messages and to send content and messages using text messaging or push notifications; and (c) the ability to access the FFDF Services from your mobile phone ("Mobile Services"). FFDF does not charge for Mobile Services unless otherwise noted; however, your carrier's normal messaging, data and other rates and fees may still apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost.
You shall not violate or attempt to violate the security of the FFDF Services. Violations of system or network security may result in civil or criminal liability. FFDF reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with law enforcement authorities in prosecuting users who have participated in such violations.
With respect to all communications with FFDF including, without limitation, feedback, questions, comments, suggestions and the like: (a) you shall have no right to confidentiality in your communications and FFDF shall have no obligation to protect your communications from disclosure; (b) FFDF shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) FFDF shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information without any consideration or accounting.
By using any of the FFDF Services, you agree to indemnify and hold FFDF, 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: (a) your improper use of such FFDF Services; (b) any User Content provided or used by you; or (c) your violation of these Terms.
16. Warranty Disclaimer.
YOUR USE OF THE FFDF SERVICES IS AT YOUR SOLE RISK. FFDF MAKES NO WARRANTY THAT THE FFDF SERVICES WILL MEET YOUR REQUIREMENTS. EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS, ALL FFDF SERVICES INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. FFDF ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. FFDF DOES NOT WARRANT THAT THE FFDF SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. LAWS IN CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES. TO THE EXTENT SUCH LAWS APPLY, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH HEREIN MAY NOT APPLY AND OTHER RIGHTS MAY BE AVAILABLE.
17. Limitation of Liability.
FFDF SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY'S FEES ARISING OUT OF OR RELATING TO THESE TERMS OR THE ACCESS TO, USE OF OR OPERATION OF THE FFDF SERVICES INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH. FFDF'S AGGREGATE LIABILITY TO YOU ARISING UNDER OR IN CONNECTION WITH THE FFDF SERVICES IS LIMITED TO THE PURCHASE PRICE PAID FOR THE MATERIALS, PRODUCT AND/OR SERVICE THAT GIVES RISE TO SUCH LIABILITY.
LAWS IN CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT SUCH LAWS APPLY, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN MAY NOT APPLY AND OTHER RIGHTS MAY BE AVAILABLE.
18. Limited Time to Bring Your Claim.
You and FFDF agree that any cause of action arising out of or related to the FFDF Services or any FFDF Content including without limitation any Claim or Dispute must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
19. Trial by Jury.
To the extent allowed by law, each of you and FFDF waive any right to trial by jury in any Dispute.
20. Force Majeure.
FFDF shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including without limitation acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of FFDF in the conduct of its business.
21. Governing Law.
These Terms will be governed by and construed in accordance with the laws of the State of Illinois without regard to such State's conflicts-of-laws principles.
Both you and FFDF acknowledge and agree that no partnership is formed, and neither you nor FFDF has the power or the authority to obligate or bind the other. If any provision of these Terms is determined to be unlawful, void or unenforceable by a tribunal of competent jurisdiction, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If FFDF fails to act with respect to your breach or anyone else's breach on any occasion, FFDF is not waiving its right to act with respect to future or similar breaches. These Terms constitute a binding agreement between you and FFDF, and are accepted by you as a condition for your use of the FFDF Services or your account. These Terms constitute the entire agreement between you and FFDF regarding the use of the FFDF Services and the FFDF Content.