Bride and Bloom - Terms of Use

TERMS OF USE
June 10, 2010

A. COMPLIANCE WITH TERMS
These Terms of Use ("Terms") govern the use of The Bride and Bloom ("B&B") website, including, without limitation, its message boards, shopping areas and all other areas provided by B&B ("Website"). Your use of any part of the Website will constitute your agreement to comply with these Terms. If you do not agree with these Terms, do not use the Website and exit the Website immediately. These Terms may be modified from time to time and the date of the most recent version will appear on this page. Continued access of the Website by you will constitute your acceptance of any revisions to these Terms.

Your failure to follow these Terms, whether listed below or in messages posted in various areas of the Website, may result in suspension or termination of your access to the Website, without notice, in addition to B&B's other remedies.

B. REGISTRATION
B&B may require that you register or create an account to use certain portions or the entire Website. As such, you may be provided with or be required to provide a user ID, password and/or other information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and current for as long as you use the Website.

C. USE OF REGISTRATION INFORMATION
If you register or create an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use the Website, and you are responsible for all use by you and those whom you allow to use the Website. You may not sub-license, sell or otherwise transfer your Registration Information and/or these Terms to any third party without B&B's written approval. Any attempt to do so will be null and void and will be considered a material breach of these Terms.

You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or of any credit or debit card number stored on the Website), you must promptly change the affected Registration Information and notify B&B of the problem.

D. CHARGES FOR PRODUCTS AND SERVICES
B&B may charge you fees for products or services offered through the Website, and/or for access to portions or the entire Website. You agree to pay such charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such charges are incurred, including but not limited to charges for any products or services through the Website by B&B or by any third party vendor or provider (such charges and taxes collectively referred to as "Fees"). B&B reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon notice to you.

If you submit your credit or debit card information to B&B upon registration on the Website or otherwise, you give B&B permission to charge all Fees incurred through your account to the credit or debit card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit or debit card or if B&B's request for payment is returned to B&B for any reason, including charge backs, B&B reserves the right to suspend or terminate your account and all of B&B's obligations under these Terms.

E. WEBSITE USAGE

Unless otherwise specified, the Website is intended for your personal, noncommercial use only. You may not authorize others to use the Website, and you are responsible for all use of the Website by you and by those you allow or provide access to use the Website.
The Website contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Website. You may download material from the Website and may use the Website for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
The Website is not intended for users under the age of 13, and B&B does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to B&B and from using the Website's message boards and other communication media. Any information submitted by such users will not knowingly be used, posted, or retained by B&B.
You agree not to use any obscene, indecent, or offensive language or to place on the Website any material that is defamatory, abusive, harassing, racist, or hateful. Further, you may not place on the Website any material that is encrypted; or that constitutes junk mail, unauthorized advertising or commercial offers; invades anyone's privacy; encourages conduct that would constitute a criminal offense or give rise to civil liability; or otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You are responsible for ensuring that any material you provide to the Website or post on a message board or other area, including but not limited to text, photographs and sounds, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party, or is posted with the permission of the owner(s) of such rights.
The content and design of the Website, including without limitation, the unique character and expression of the Website, are protected under applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights and are the property of B&B or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such content or part of the Website, including but not limited to, the removal or alteration of advertising, except for the limited rights of use granted in these Terms, is strictly prohibited.
You agree to not in any way make commercial or other unauthorized use, by publication, retransmission, distribution, performance, caching or otherwise, of material obtained through the Website, except as permitted by the Copyright Act or other law or as expressly permitted by these Terms or in writing by B&B.
You agree not to disrupt, overwhelm, attack, modify or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website.
Other than connecting to B&B's servers by http requests using a Web browser, you agree to not attempt to gain access to B&B's servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
You acknowledge that B&B has not reviewed and does not endorse the content of all sites linked to the Website and is not responsible for the content or actions of any sites linked to the Website. Your linking to the Website or any other site is at your sole risk.

F. NON-ENDORSEMENT OF USER STATEMENTS
B&B does not necessarily endorse, support, encourage or agree with the comments, opinions, or statements posted on message boards or otherwise contained in the Website. B&B makes no warranties with respect to any of the merchandise featured, mentioned or sold on or through the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post such statements or those who seek to sell merchandise by making such statements, and do not necessarily represent the views of B&B.

G. MATERIAL THAT YOU SUPPLY
For information regarding use of personal information you supply or communicate to the Website, please see B&B's Privacy Policy. Except as expressly provided otherwise in the Privacy Policy, you agree that by posting messages, uploading files, inputting data, or engaging in any other form of communication with or through the Website, you grant B&B a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. In addition, be aware that information you disclose in publicly accessible portions of the Website will be available to all users of the Website. Therefore, you should be careful about the personal information and other content you post.

H. COPYRIGHT COMPLAINTS
B&B respects the intellectual property of others and we request our users to do the same. B&B may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes on your copyright rights, you may notify B&B by providing the following information in writing (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to the following individual: Copyright Agent, The Bride and Bloom, 21143 Hawthorne Blvd., #505, Torrance, CA 90503; phone: (310) 212-7212; fax: (310) 212-3111; email: info@thebrideandbloom.com.

A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that has been allegedly infringed upon;
Identification of the copyrighted work claimed to have been infringed upon, or if multiple copyrighted works on a single online site are to be covered by a single notification, a representative list of such works on that site;
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 B&B to locate the material;
Information reasonably sufficient to permit B&B to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that has been allegedly infringed upon.

I. MATERIAL SUPPLIED BY OTHERS
You agree that B&B is not responsible, and shall have no liability to you, with respect to any information or materials posted by anyone, including material that is defamatory, offensive, illicit or that violates these Terms.

J. INDEMNIFICATION
You agree to indemnify B&B and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Website, from your breach of these Terms or from any acts through your use of the Website, including, without limitation, its message boards, shopping areas and all other areas provided by B&B.

K. MODIFICATION OF MATERIALS
B&B reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Website or on its message boards, in its sole discretion, without notice.

L. ADDITIONAL RULES
B&B reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Website. Your continued use of the Website constitutes your agreement to comply with these additional rules.

M. TERMINATION OR SUSPENSION OF ACCESS
B&B has the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, without notice.

N. JURISDICTION
B&B makes no representation that materials on the Website are appropriate, available or legal in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of the State of California applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of these Terms must be brought in a state or federal court in California. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

O. AUCTIONS
B&B may offer auctions on the Website, and if such auctions are offered, B&B may use third party service providers to administer the auctions. You agree to such third parties' user agreements, contracts and rules pertaining to the use of their websites. Neither B&B nor its auction service providers have any control or assume responsibility for the quality, safety or legality of the items advertised. B&B provides a venue to bring buyers and sellers together over the Internet. If you participate in the auctions feature of the Website, please note that B&B does not participate and does not have any control over or assume any responsibility or liability for the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items, or the functionality of the auction features.

P. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS," AND B&B, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. B&B, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.

B&B, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED OR ARISING OUT OF THESE TERMS, THE PROVIDING OF WEBSITES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE OR HACKERS THAT MAY UNLAWFULLY OBTAIN OR USE PERSONAL INFORMATION THAT YOU HAVE PROVIDED THROUGH THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE B&B, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU HEREBY AGREE TO RELEASE B&B, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."