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Welcome : Guest! |
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Terms and Conditions |
| UPS /DHL/ FedEX, will deliver the floral
package to the recipient on the requested day. FedEx does not telephone prior
to delivering packages, and we cannot guarantee the time of delivery. We are
not responsible for: |
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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.
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Flower and plant quality problems where delivery is delayed due to policies of
delivery location requiring signature upon delivery.
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Delivery address changes with in 48 hours of delivery will result in a
processing fee equal to the delivery fee.
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Order rerouting will result in a processing fee equal to the delivery fee and
any additional charges levied by the courrier service.
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Orders may not be edited or cancelled the 48 hours (2 business days) prior to
delivery, the day of delivery, or within the seven (7) 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
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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 |
| 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/privacy_send_flowers_roses_los_angeles_california_ca_delivey.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 .
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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
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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.
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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_send_flowers_roses_baltimore_maryland_md_delivey.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."
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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.
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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.
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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:
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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.
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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.
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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
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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:
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sale of access to the Website or its related services (such as the ROSEMASRTERS
“Video Gift Card Embeddable Player”) on another website;
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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;
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the sale of advertising, on the ROSEMASTERS website or any third-party website,
targeted to the content of specific User Submissions or ROSEMASTERS content;
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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.
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Prohibited commercial uses do not include:
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uploading an original video to ROSEMASTERS, or maintaining an original channel
on ROSEMASTERS, to promote your business or artistic enterprise;
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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;
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any use that ROSEMASTERS expressly authorizes in writing.
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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.
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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”.
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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.
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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.
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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.
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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.
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You may NOT access User Submissions:
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for your information and personal use;
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as not intended through the normal functionality of the ROSEMASTERS Service;
and
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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."
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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ROSEMASTERS does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and ROSEMASTERS expressly
disclaims any and all liability in connection with User Submissions.
ROSEMASTERS does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and ROSEMASTERS will remove all
Content and User Submissions if properly notified that such Content or User
Submission infringes on another's intellectual property rights. ROSEMASTERS
reserves the right to remove Content and User Submissions without prior notice.
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ROSEMASTERS will terminate a User's access to its Website if, under appropriate
circumstances, they are determined to be a repeat infringer.
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ROSEMASTERS reserves the right to decide whether Content or a User Submission
is appropriate and complies with these Terms of Service for violations other
than copyright infringement, such as, but not limited to, pornography, obscene
or defamatory material, or excessive length. ROSEMASTERS may remove such User
Submissions and/or terminate a User's access for uploading such material in
violation of these Terms of Service at any time, without prior notice and at
its sole discretion.
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If you are a copyright owner or an agent thereof and believe that any User
Submission or other content infringes upon your copyrights, you may submit a
notification pursuant to the Digital Millennium Copyright Act ("DMCA") by
providing our Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
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A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
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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;
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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 the service
provider to locate the material;
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Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic
mail;
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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; and
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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.
ROSEMASTERS's designated Copyright Agent to receive notifications of claimed
infringement is: David Harrington, 6226 Walkers Croft Ave., Alexandria, VA
22315 email: service @ ROSEMASTERS.com. For clarity, only DMCA notices should
go to the Copyright Agent; any other feedback, comments, requests for technical
support, and other communications should be directed to ROSEMASTERS customer
service through http://rosemasters.com/ContactUs.aspx. You acknowledge that if
you fail to comply with all of the requirements of this Section 5(D), your DMCA
notice may not be valid.
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Counter-Notice. If you believe that your User Submission that was removed (or
to which access was disabled) is not infringing, or that you have the
authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the content in your User Submission, you
may send a counter-notice containing the following information to the Copyright
Agent:
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Your physical or electronic signature;
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Identification of the content that has been removed or to which access has been
disabled and the location at which the content appeared before it was removed
or disabled;
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A statement that you have a good faith belief that the content was removed or
disabled as a result of mistake or a misidentification of the content; and
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Your name, address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the federal court in San Francisco, California,
and a statement that you will accept service of process from the person who
provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, ROSEMASTERS may send a
copy of the counter-notice to the original complaining party informing that
person that it may replace the removed content or cease disabling it in 10
business days. Unless the copyright owner files an action seeking a court order
against the content provider, member or user, the removed content may be
replaced, or access to it restored, in 10 to 14 business days or more after
receipt of the counter-notice, at ROSEMASTERS's sole discretion.
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| YOU AGREE THAT YOUR USE OF THE ROSEMASTERS WEBSITE
SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
ROSEMASTERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. ROSEMASTERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO
THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE ROSEMASTERS WEBSITE. ROSEMASTERS DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE ROSEMASTERS WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ROSEMASTERS WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF
A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. |
IN NO EVENT SHALL ROSEMASTERS, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE ROSEMASTERS WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ROSEMASTERS SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by ROSEMASTERS from its facilities in the
United States of America. ROSEMASTERS makes no representations that the
ROSEMASTERS Website is appropriate or available for use in other locations.
Those who access or use the ROSEMASTERS Website from other jurisdictions do so
at their own volition and are responsible for compliance with local law.
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| You agree to defend, indemnify and hold harmless
ROSEMASTERS, its parent corporation, officers, directors, employees and agents,
from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's fees)
arising from: (i) your use of and access to the ROSEMASTERS Website; (ii) your
violation of any term of these Terms of Service; (iii) your violation of any
third party right, including without limitation any copyright, property, or
privacy right; or (iv) any claim that one of your User Submissions caused
damage to a third party. This defense and indemnification obligation will
survive these Terms of Service and your use of the ROSEMASTERS Website. |
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| You affirm that you are either more than 18 years of
age, or an emancipated minor, or possess legal parental or guardian consent,
and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in these
Terms of Service, and to abide by and comply with these Terms of Service. In
any case, you affirm that you are over the age of 13, as the ROSEMASTERS
Website is not intended for children under 13. If you are under 13 years of
age, then please do not use the ROSEMASTERS Website. There are lots of other
great web sites for you. Talk to your parents about what sites are appropriate
for you. |
| These Terms of Service, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be
assigned by ROSEMASTERS without restriction.
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| You agree that: (i) the ROSEMASTERS Website shall be
deemed solely based in California; and (ii) the ROSEMASTERS Website shall be
deemed a passive website that does not give rise to personal jurisdiction over
ROSEMASTERS, either specific or general, in jurisdictions other than
California. These Terms of Service shall be governed by the internal
substantive laws of the State of California, without respect to its conflict of
laws principles. Any claim or dispute between you and ROSEMASTERS that arises
in whole or in part from the ROSEMASTERS Website shall be decided exclusively
by a court of competent jurisdiction located in San Mateo County, California.
These Terms of Service, together with the Privacy Notice at http://rosemasters.com/privacy_send_flowers_roses_los_angeles_california_ca_delivey.aspx
and any other legal notices published by ROSEMASTERS on the Website, shall
constitute the entire agreement between you and ROSEMASTERS concerning the
ROSEMASTERS Website. If any provision of these Terms of Service is deemed
invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms of
Service, which shall remain in full force and effect. No waiver of any term of
this these Terms of Service shall be deemed a further or continuing waiver of
such term or any other term, and ROSEMASTERS's failure to assert any right or
provision under these Terms of Service shall not constitute a waiver of such
right or provision. ROSEMASTERS reserves the right to amend these Terms of
Service at any time and without notice, and it is your responsibility to review
these Terms of Service for any changes. Your use of the ROSEMASTERS Website
following any amendment of these Terms of Service will signify your assent to
and acceptance of its revised terms. YOU AND ROSEMASTERS AGREE THAT ANY CAUSE
OF ACTION ARISING OUT OF OR RELATED TO THE ROSEMASTERS WEBSITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED. |
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CONTACT INFORMATION
ROSEMASTERS.COM
email
TOLL FREE 1-800-CUT-ROSE
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