II. Modifications to this agreementWe reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
III. ContentYou understand that all records, quotes, deal requests, price-lists, messages, files, images, or other actions or materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that BiFlorica does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the BiFlorica site and Content available through the Service may contain links to other websites, which are completely independent of BiFlorica. BiFlorica makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will BiFlorica be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that BiFlorica does not pre-screen or approve Content, but that BiFlorica shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
IV. Third party content, sites, and servicesThe BiFlorica site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of BiFlorica, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that BiFlorica shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that BiFlorica is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release BiFlorica, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
VI. ConductYou agree not to post, email, or otherwise make available Content:
- that impersonates any person or entity, including, but not limited to, a BiFlorica employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
- that includes personal or identifying information about another person without that person's explicit consent;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation if posted in areas of the BiFlorica sites which are not designated for such purposes; or emailed to BiFlorica users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
- that includes links to commercial services or web sites, except as allowed by the Service, that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes; u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;
- attempt to gain unauthorized access to BiFlorica's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the BiFlorica website; or
- use any form of automated device or computer program that enables the submission of postings on BiFlorica without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
VII. No spam policyAny unauthorized use of BiFlorica computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
VIII. Limitations on serviceYou acknowledge that BiFlorica may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that BiFlorica has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that BiFlorica reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that BiFlorica shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
IX. Access to the serviceBiFlorica grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by BiFlorica. A limited exception to is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings for flowers businesses or which is in the business of providing classified ad listing services. BiFlorica permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). You may also create a hyperlink to the home page of BiFlorica sites so long as the link does not portray BiFlorica, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access granted to you by BiFlorica immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from BiFlorica.
X. Termination of serviceYou agree that BiFlorica, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if BiFlorica believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that BiFlorica shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
XI. Proprietary rightsThe Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of BiFlorica. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of BiFlorica, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although BiFlorica does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to BiFlorica an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant BiFlorica all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
XII. Disclaimer of warrantiesYOU AGREE THAT USE OF THE BIFLORICA SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BIFLORICA SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BIFLORICA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BIFLORICA SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BIFLORICA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BIFLORICA SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BIFLORICA SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BIFLORICA DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BIFLORICA SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
XIII. Limitations of liabilityUNDER NO CIRCUMSTANCES SHALL BIFLORICA BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BIFLORICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE BIFLORICA SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BIFLORICA SITE OR THE SERVICE, FROM INABILITY TO USE THE BIFLORICA SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BIFLORICA SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BIFLORICA SITE OR THE SERVICE OR ANY LINKS ON THE BIFLORICA SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BIFLORICA SITE OR THE SERVICE OR ANY LINKS ON THE BIFLORICA SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
XIV. IndemnityYou agree to indemnify and hold BiFlorica, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
XV. General informationThe TOU constitute the entire agreement between you and BiFlorica and govern your use of the Service, superseding any prior agreements between you and BiFlorica. The TOU and the relationship between you and BiFlorica shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. The failure of BiFlorica to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
XVI. Violation of terms and liquidated damagesPlease report any violations of the TOU, or by emailing to: email@example.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for BiFlorica to pursue legal action to enforce these Terms, you will be liable to pay BiFlorica the following amounts as liquidated damages, which you accept as reasonable estimates of BiFloricas' damages for the specified breaches of these Terms:
- If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay BiFlorica one thousand US dollars ($1000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
- If BiFlorica establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay BiFlorica one hundred US dollars ($100) for each message posted in excess of such limits or for each day on which you access BiFlorica in excess of such limits, whichever is higher.
- If you send unsolicited email advertisements to BiFlorica email addresses or through BiFlorica computer systems, you agree to pay BiFlorica twenty five US dollars ($25) for each such email.
- If you post Content in violation of the TOU, other than as described above, you agree to pay BiFlorica one hundred US dollars ($100) for each Item of Content posted. In its sole discretion, BiFlorica may elect to issue a warning before assessing damages.
- If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay BiFlorica one hundred US dollars ($100) for each and every Item you post in violation of the TOU.
- If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without BiFlorica's express written permission, you agree to pay BiFlorica three thousand US dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay BiFlorica's actual damages, to the extent such actual damages can be reasonably calculated.
XVII. FeedbackWe welcome your questions and comments on this document via e-mail: firstname.lastname@example.org.
Protecting your privacy
- BiFlorica does not share your information with third parties for marketing purposes.
- BiFlorica does not employ tracking devices for marketing purposes ("cookies," "web beacons," single-pixel gifs).
- BiFlorica, or people who post on BiFlorica, may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited.
Data we collect
- We may collect your email address, for purposes such as sending self- publishing and confirmation emails, authenticating user accounts, providing subscription email services, registering for forums, etc.
- For trading on the BiFlorica International Flowers Exchange we collect contact information, such as person and company name(s), phone/fax number(s), transport agency and marks (labels) and address for billing purposes.
- We may collect your phone number for account authentication purposes, and may transmit it to a third party service for tele-robotic verification.
- We may collect personal information if you provide it in messages, feedback or comments, or if you contact us directly. Please do not post any personal information that you expect to keep private.
- Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, to administer the BiFlorica site, and to otherwise provide our service to you.
Data we store
- All records, quotes, deal requests, price-lists, messages, files, images, or other actions or materials are stored in our database, even after "deletion," and may be archived elsewhere.
- Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security.
Archiving and display of BiFlorica records by search engines and other sitesSearch engines and other sites not affiliated with BiFlorica cannot archive or otherwise make available BiFlorica trading records.
Circumstances in which BiFlorica may release information
- BiFlorica may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.
- BiFlorica may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our TOU respond to claims that any posting or other content violates the rights of third- parties; or protect the rights, property, or personal safety of BiFlorica, its users or the general public.