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ROSEMASTERS Disclaimer |
| UPS /DHL/ FedEX, will deliver the floral package to the recipient on the requested day. UPS / DHL/FedEx does not telephone prior to delivering packages, and we cannot guarantee the time of delivery. We are not responsible for: |
- Flowers and plants delivered to incorrect addresses supplied by the sender.
Flower and plant quality problems due to an incorrect delivery address supplied
by the sender, or a courier re-route requested by the sender. Unsuccessful
deliveries due to the recipient not being present at time of delivery at the
address supplied by the customer.
- Flower and plant quality problems where delivery is delayed due to policies of
delivery location requiring signature upon delivery.
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Orders may not be edited or cancelled the day prior to delivery, the day of
delivery, or within the five days prior to Valentine's Day, Mother's Day and
other floral holidays due to the extremely high volume of orders during these
times. |
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COPYRIGHT AND TRADEMARK DISCLAIMER |
This work contains material which appears to be subject to trademark laws in one or more jurisdictions. Before using this content, please ensure that you have the right to use it under the laws which apply in the circumstances of your intended use. You are solely responsible for ensuring that you do not infringe someone else's trademark.
The works of authorship contained in this world wide website in the domain "www.rosemasters.com", including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by ROSE MASTERS (US)LLC or one of its affiliates, The ROSE MASTERS Group, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of ROSE MASTERS (US)LLC, except to the extent that such use constitutes fair use under the Copyright Act of 1976 (17 U.S.C. 107), as amended, and except for one temporary copy in a single computer's memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing the ROSE MASTERS (US)LLC Disclaimer, Copyright and Trademark Notices.
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| TERMS OF USE |
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| A. By using and/or visiting this website (collectively, including all content and functionality available through the ROSEMASTERS.COM domain name, the "ROSEMASTERS Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)ROSEMASTERS privacy notice, found at http://rosemasters.com/PrivacyStatement.aspx and incorporated here by reference, and (3) ROSEMASTERS Community Guidelines, found below and also incorporated here by reference. If you do not agree to any of these terms, the ROSEMASTERS privacy notice, or the Community Guidelines, please do not use the ROSEMASTERS Website. |
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| Do not abuse the video gift card feature on this site. This community feature on ROSEMASTERS involves a certain level of trust. We trust you to be responsible, and millions of users respect that trust, so please be one of them. |
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We review all video cards to determine whether it violates our Terms of Use—flagged videos are not automatically taken down by the system. If we remove your video after reviewing it, find the content inappropriate, we will remove it and may cancel your order without exception and your order will not be subject to out refund or guarantee policies.
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- ROSEMASTERS video gift cards are not for pornography or sexually explicit content. If this describes your video gift card, don't use ROSEMASTERS video gift card service to send it. Any material deemed as inappropriate, illegal or contains sexually explicit content will be provided to the appropriate law enforcement agency .
- ROSEMASTERS respects copyright: so should you. Only upload videos that you made or that you have obtained the rights to use. This means don't upload videos you didn't make, or use content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without their permission. Read our Copyright Tips for more information
- ROSEMASTERS encourages free speech and defend everyone's right to express points of view. But we don't permit hate speech, which is content intended to attack or demean a particular gender, sexual orientation, race, religion, ethnic origin, veteran status, color, age, disability or nationality.
- There is zero tolerance for predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members' personal information. Anyone caught doing these things may be permanently banned from ROSEMASTERS.
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Please take these rules seriously and take them to heart. Don't try to look for loopholes or try to lawyer your way around them—just understand them and try to respect the spirit in which they were created. Violations of the Terms of Use may result in a warning notification or may result in termination of your account and deletion of all your videos. We decide whether we believe your violation of our Terms of Use should result in termination of your account. If you have an account terminated you are prohibited from ever signing up for another account!
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| Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://rosemasters.com/Disclaimer.aspx . ROSEMASTERS may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. |
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- These Terms of Service apply to all users of the ROSEMASTERS Website, including users who are also contributors of video content, information, and other materials or services on the Website. The ROSEMASTERS Website includes all aspects of ROSEMASTERS, including but not limited to video gift card channels, the ROSEMASTERS "Video Gift Card Embeddable Player," and the ROSEMASTERS "Video Gift Card Up-loader."
- The ROSEMASTERS Website may contain links to third party websites that are not owned or controlled by ROSEMASTERS. ROSEMASTERS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ROSEMASTERS will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve ROSEMASTERS from any and all liability arising from your use of any third-party website.
- Additionally, ROSEMASTERS encourage you to be aware when you leave the ROSEMASTERS Website and to read the terms and conditions and privacy policy of each other website that you visit.
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- In order to access some features of the Website, you will have to create a ROSEMASTERS account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ROSEMASTERS immediately of any breach of security or unauthorized use of your account.
- Although ROSEMASTERS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ROSEMASTERS or others due to such unauthorized use.
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| ROSEMASTERS hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that: |
- You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without ROSEMASTERS prior written authorization.
- You agree not to alter or modify any part of the Website, including but not limited to ROSEMASTERS ”Video Gift Card Embeddable Player” or any of its related technologies.
- You agree not to access User Submissions (defined below) or ROSEMASTERS Content through any technology or means other than the video playback pages of the Website itself, the ROSEMASTERS “Video gift Card Embeddable Player”, or other explicitly authorized or unauthorized means ROSEMASTERS may designate
- You agree not to use the Website, including the ROSEMASTERS “Video Gift Card Embeddable Player” for any commercial use, without the prior written authorization of ROSEMASTERS. Prohibited commercial uses include any of the following actions taken without ROSEMASTERS express approval:
- sale of access to the Website or its related services (such as the ROSEMASRTERS “Video Gift Card Embeddable Player”) on another website;
- use of the Website or its related services (such as the ROSEMASRTERS “Video Gift Card Embeddable Player”), for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the ROSEMASTERS website or any third-party website, targeted to the content of specific User Submissions or ROSEMASTERS content;
- and any use of the Website or its related services (such as the ROSEMASRTERS “Video Gift Card Embeddable Player”) that ROSEMASTERS finds, in its sole discretion, to use ROSEMASTERS resources or User Submissions with the effect of competing with or displacing the market for ROSEMASTERS, ROSEMASTERS content, or its User Submissions.
- Prohibited commercial uses do not include:
- uploading an original video to ROSEMASTERS, or maintaining an original channel on ROSEMASTERS, to promote your business or artistic enterprise;
- using the ROSEMASRTERS “Video Gift Card Embeddable Player” to show ROSEMASTERS videos on an ad-enabled blog or website, provided the primary purpose of using the ROSEMASRTERS “Video Gift Card Embeddable Player” is not to gain advertising revenue or compete with ROSEMASTERS;
- any use that ROSEMASTERS expressly authorizes in writing.
- If you use the ROSEMASRTERS “Video Gift Card Embeddable Player” or its content on your or any other website, you must have written permission from ROSEMASTERS for containing the ROSEMASRTERS “Video Gift Card Embeddable Player” and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
- If you use the ROSEMASRTERS “Video Gift Card Up-loader”, you agree that it may automatically download and install updates from time to time from ROSEMASTERS. These updates are designed to improve, enhance and further develop the “Video Gift Card Up-loader” and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit ROSEMASTERS to deliver these to you) as part of your use of the “Video Gift Card Up-loader”.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the ROSEMASTERS Website in a manner that sends more request messages to the ROSEMASTERS servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ROSEMASTERS grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ROSEMASTERS reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
- In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, ROSEMASTERS Community Guidelines, and all applicable local, national, and international laws and regulations.
- ROSEMASTERS reserves the right to discontinue any aspect of the ROSEMASTERS Website at any time
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| In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the ROSEMASTERS Website. |
| - The content on the ROSEMASTERS Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ROSEMASTERS, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ROSEMASTERS reserves all rights not expressly granted in and to the Website and the Content.
- You may NOT access User Submissions:
- for your information and personal use;
- as not intended through the normal functionality of the ROSEMASTERS Service; and
- for Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the ROSEMASTERS Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
- User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the ROSEMASTERS Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the ROSEMASTERS ”Video Gift Card Embeddable Player” and or the ROSEMASTERS ”Video Gift Card Up-loader” Service or otherwise as prohibited under this Agreement.
- You may access ROSEMASTERS Content, User Submissions and other content only as permitted under this Agreement. ROSEMASTERS reserves all rights not expressly granted in and to the ROSEMASTERS Content and the ROSEMASTERS Service.
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes
- You agree not to circumvent, disable or otherwise interfere with security-related features of the ROSEMASTERS Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ROSEMASTERS Website or the Content therein.
- You understand that when using the ROSEMASTERS Website, you will be exposed to User Submissions from a variety of sources, and that ROSEMASTERS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ROSEMASTERS with respect thereto, and agree to indemnify and hold ROSEMASTERS, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
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- As a ROSEMASTERS account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, ROSEMASTERS does not guarantee any confidentiality with respect to any User Submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize ROSEMASTERS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
- For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to ROSEMASTERS, you hereby grant ROSEMASTERS a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the ROSEMASTERS Website and ROSEMASTERS's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the ROSEMASTERS Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ROSEMASTERS Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the ROSEMASTERS Service. You understand and agree, however, that ROSEMASTERS may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
- In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ROSEMASTERS all of the license rights granted herein.
- You further agree that you will not, in connection with User Submissions, submit material that is contrary to the ROSEMASTERS Community Guidelines, found on this page and throughout the ROSEMASTERS Website, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
- ROSEMASTERS does not endorse any User Submission or any opinion, recommendation, or advice expressed ther
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