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1.
Acceptance. Use of the Gift-flowers.com website
("Site") and the services available on the Site (the "Service") is subject to the
terms and conditions of use set forth below ("Terms of Use") and to the Gift-Flowers.com
privacy policy , as both may be amended from time to time. PLEASE
READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE REGISTERING WITH
OR USING THE Gift-Flowers.com SITE. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW YOU
AGREE TO BE BOUND BY THE TERMS OF USE AND ACKNOWLEDGE YOUR CONSENT TO THE PRIVACY
POLICY.
2.
Privacy. At Gift-Flowers.com we respect your
privacy and believe you should be informed about how we collect, use and disclose
any personal information we might collect from you. Please review our
privacy policy before using the Service.
3.
Eligibility
Requirements. To register
for the Service, you must be at least 18 years of age, agree to the Terms of Use
and Privacy Policy, and complete the registration procedure. By registering for
the Service, you must be at least 18 years of age, agree to the Terms of Use and
Privacy Policy, and complete the registration procedure. By registering for the
Service, you represent and warrant that (a) you are eligible to register as specified
herein, and (b) the information you include as part of the registration process,
and any updates or additions thereto, is complete and accurate. Gift-Flowers.com
will determine whether to accept or reject your registration in its sole discretion.
If Gift-Flowers.com accepts your registration, you will be eligible to put projects
or submit bid for a project via the Service. Gift-Flowers.com may revoke your status
as a User immediately if you, in Gift-Flowers.com's sole judgement, violate the
Terms of Use or engage in any offensive or inappropriate behavior while using the
Service.
4.
ID and
Password. Upon registration,
you will receive a user ID and a password. You are responsible for keeping your
user ID and password confidential and also for all activity that occurs on the Service
through your account. You agree to notify Gift-Flowers.com immediately (at
support@gift-flowers.com ) of any
actual or suspected unauthorized use of your account. Gift-Flowers.com will not
be responsible for any loss to you caused by your failure to comply with this section
of the Terms of Use.
5.
Permitted
Use of the Service. You
may use the Service solely in accordance with the Terms of Use and any posted policies
and procedures that appear on the Site. Any copying, republication, distribution,
or commercial use outside the Service of the content available on the Service, or
a portion of such content, is prohibited without the prior written permission of
Gift-Flowers.com .
6.
Profile
Information. If you intend
to answer questions via the Service, you agree to provide true, accurate and complete
information to Gift-Flowers.com via the Profile form, including but not limited
to correct representations of skills, academic or other degrees, professional or
related experience, and any other information that Gift-Flowers.com requests. If
you intend to ask questions via the Service, you agree to provide true, accurate
and complete information to Gift-Flowers.com via the Profile Information form, including
but not limited to correct representations of credit card, billing address, and
any other information that Gift-Flowers.com requests. You agree to maintain and
update such information in order to keep it true, accurate and complete. If any
information you provide is untrue, inaccurate, not current or incomplete, Gift-Flowers.com,
in its sole discretion, may terminate your participation in the Service and refuse
any future use of the Service by you including deletion of any transaction accrued
in your account at that point. You hereby grant Gift-Flowers.com a perpetual, irrevocable
license to reproduce, distribute, publicly display, publicly perform, digitally
display, create derivative works of, publish and otherwise use the information you
submit to Gift-Flowers.com in such forms to operate and promote the Service, including
but not limited to posting such information on the Gift-Flowers.com website, sending
the information to Gift-Flowers.com users and others in email promotions, and including
the information in any other promotional materials in any media.
7.
Submission
of projects, bids and other Content.
As part of the Service, registered users ("Users") may submit projects and other
Users may offer bids to the projects. These projects, bids and any other information
exchanged between Users (whether via email, chat or any other medium), or between
Users and Gift-Flowers.com, are "Content" for purposes of these Terms and Conditions.
You acknowledge that Gift-Flowers.com does not pre-screen User-generated Content,
but that Gift-Flowers.com and its designees have the right (but not the obligation)
in their sole discretion to refuse any submissions or remove any Content from the
Service. By submitting Content to Gift-Flowers.com, you represent and warrant that
such Content (and any items contained therein): (a) will not be false, inaccurate
or misleading; (b) will not be fraudulent; (c) will not infringe or misappropriate
any third party's copyright, patent, trademark, trade secret or other proprietary
rights; (d) will not violate any law, statute, ordinance or regulation; (e) will
not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) will not be obscene or contain child pornography; and (g) will not contain any
viruses, worms, time bombs, cancelbots, trojan horses or other computer programming
routines that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information.
8.
Ownership
of Submitted Content. By
submitting Content to Gift-Flowers.com you: (i) assign to Gift-Flowers.com all right,
title and interest in the Content, or, if such assignment is prohibited by law,
you grant to Gift-Flowers.com an exclusive, perpetual, royalty-free license to use,
modify, copy, distribute, publicly display, publicly perform, create derivative
works of, adapt, publish, sublicense (through multiple tiers of distribution), sell
or otherwise transfer any such Content for any purpose whatsoever; and (ii) agree
that you will not publish, submit, or display such Content to any third party without
Gift-Flowers.com's prior written consent.
9.
Payment. There is a transaction cost of US
$5.00 charged to the members who are registered as clients/Service providers posting
a project, which is deducted from the accepted bid amount by Gift-Flowers.com. The
members registered as Translation Companies may be required to pay transaction fees.
Cash earned on Gift-Flowers.com may be withdrawn according to the policies and procedures
of the General Accounting. Users may be required to submit their social security
numbers and tax ID numbers to Gift-Flowers.com to receive payments (solely for tax
purposes), and you hereby agree to provide such numbers if requested by Gift-Flowers.com.
If applicable, Gift-Flowers.com will file necessary Forms with the Tax & Revenue
authorities at the appropriate time; however, User is solely responsible for determining,
collecting, reporting and paying any applicable state, federal and local taxes in
connection with User's participation in the Service.
10.
Independent Contractor
Relationship. To the extent
submit projects and bids via the Service and receive payment from Gift-Flowers.com,
you are an independent contractor and nothing in these Terms of Use or in your interaction
with Gift-Flowers.com should be construed to create an employer-employee relationship
between you and Gift-Flowers.com. You will not be entitled to any of the benefits,
which Gift-Flowers.com may make available to its employees, such as group insurance,
profit-sharing or retirement benefits. Because Users who receive payment are independent
contractors, Gift-Flowers.com will not withhold or make payments for social security;
make unemployment insurance or disability insurance contributions; or obtain worker's
compensation insurance on such Users' behalf. You agree to accept exclusive liability
for complying with all applicable laws of any jurisdiction governing self-employed
individuals, including obligations such as payment of taxes, social security, disability
and other contributions based on fees paid to User. You hereby agree to indemnify
and defend Gift-Flowers.com against any and all such taxes or contributions, including
penalties and interest.
11.
Member Conduct; Feedback. You agree that you will NOT advertise
or OFFER to SELL any GOODS of whatever nature on the Service (except providing services
and bids as contemplated herein). You agree not to take any actions that may undermine
the integrity of the feedback system designed to enable Users receiving answers
to rate the Users who provide the bids. In addition, you agree that you alone will
provide bids as a User under your account and User ID and will not misrepresent
your identity in any way. Gift-Flowers.com will determine in its sole discretion
whether you have violated this provision of the Terms of Use and may terminate your
account immediately, including deleting any transactions in the account that Gift-Flowers.com
deems your have obtained fraudulently.
12.
Restrictions on Use
of the Service. The Service
is protected by copyright, trademark, patent, or other intellectual property and
proprietary rights laws. The Service and all Content (and proprietary rights therein)
is owned by Gift-Flowers.com or its licensors. You acknowledge that the Service
and any underlying technology used in connection with the Service contain Gift-Flowers.com's
proprietary information. You must abide by all copyright notices, information, or
restrictions contained in or attached to any Content or portion of the Service.
If you feel that any Content on the Service infringes your copyrights, you may contact
Gift-Flowers.com at the following address:
Documentation Incharge
Gift-Flowers.com
A-4, Pamposh Enclave
New Delhi-110 048 (INDIA)
Tel.: +91-11-26448105-08, 51730415-16, 51730410-11
Fax.: +91-11-26448109, 51730414
Email:
documentation@Gift-Flowers.com
Please be sure to include the following information: (a) a description of the copyrighted
work you allege is being infringed (and registration information if such work is
registered with the Copyright Office); (b) the location of the allegedly infringing
material on the Service, (c) your signature (digital or written), (d) your address,
telephone number, and e-mail address, and (e) a statement (notarized if possible
and made under penalty of perjury) that: (i) you are the copyright owner or are
authorized to act on the copyright owner's behalf; (ii) you believe in good faith
that the rights of the copyright owner are being infringed, and that the uses of
the allegedly infringing material are not authorized (either by the copyright owner,
its agents, or applicable law).
13.
Changes and Modifications. Gift-Flowers.com may modify, suspend
or discontinue any portion of the Service or the entire Service at any time, with
or without prior notice. Gift-Flowers.com reserves the right to modify the Terms
of Use from time to time. Any modifications shall be effective upon the earlier
of (a) your first use of the Service after Gift-Flowers.com has posted the modified
Terms of Use, or (b) e-mail notification of the changes to you. You agree to review
these Terms of Use periodically so that you are aware of any modifications. Your
continued use of the Service shall be deemed your acceptance of the modified Terms
of Service.
14.
Failure to Follow
Terms of Use: Termination.
You acknowledge and agree that Gift-Flowers.com may suspend or terminate your access
to, use of, or submission of Content to, all or part of the Service, without prior
notice, if you engage in any conduct that Gift-Flowers.com believes, in its sole
discretion: (a) violates any provision of the Terms of Use; (b) violates the rights
of Gift-Flowers.com or third parties; or (c) is otherwise inappropriate. In addition,
Gift-Flowers.com reserves the right to terminate inactive accounts. Gift-Flowers.com
may terminate your access to the Service if parties to whom you provide bids give
you low ratings through the feedback mechanism. You agree that upon termination
Gift-Flowers.com may delete all information related to your account and all transaction
in your account, and that Gift-Flowers.com may bar your access to your account and
the Service.
15.
Gift-Flowers.com
is a Venue Only. Gift-Flowers.com
is merely a venue enabling communications between Users. Gift-Flowers.com makes
no representations about the suitability, reliability, and accuracy of the Content
on the Service, or that any given User is in fact who he or she claims to be or
has the qualifications he or she claims to have (unless Gift-Flowers.com has certified
such qualifications and indicated so on the Site). Users are not Gift-Flowers.com's
agents, and Gift-Flowers.com does not control the quality, timing or legality of
services delivered by Users. You agree not to hold Gift-Flowers.com liable for any
content, suggestion or services delivered by Users.
16.
Content and Warranty
Disclaimer. THE SERVICE
CONTAINS OPINIONS, STATEMENTS, SUGGESTIONS AND OTHER CONTENT FROM THIRD PARTIES.
Gift-Flowers.com DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY,
TIMELINESS, COMPLETENESS OR CREDIBILITY OF ANY CONTENT MADE AVAILABLE OR DISTRIBUTED
THROUGH THE SERVICE. Gift-Flowers.com DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS
REGARDING THE QUALITY OR MERCHANTABILITY OF ANY PRODUCTS OR SERVICES REVIEWED, AVAILABLE,
OR ADVERTISED THROUGH THE SERVICE. YOU AGREE THAT YOU WILL RELY ON ANY SUCH CONTENT
SOLELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED BY Gift-Flowers.com ON AN "AS IS"
BASIS. NEITHER Gift-Flowers.com NOR ITS PARTNERS, PROVIDERS, OR AFFILIATES MAKE
ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SERVICE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE
SERVICE. IN ADDITION, Gift-Flowers.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, Gift-Flowers.com
DOES NOT WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, AVAILABLE AT ANY
TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
17.
Limitation of Liability. IN NO EVENT WILL Gift-Flowers.com
BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE,
ANY WEBSITES LINKED TO THE SERVICE, THE MATERIALS OR INFORMATION CONTAINED AT ANY
OR ALL SUCH SITES, OR THE CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF Gift-Flowers.com, ARISING FROM OR RELATING
TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY,
TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY)
IS LIMITED TO US$1. IN ADDITION, Gift-Flowers.com'S SUPPLIERS (INCLUDING ITS SERVICE
PROVIDERS) HAVE NO LIABILITY WHATSOEVER ARISING FROM THE SERVICE. Applicable law
may not allow the exclusion or limitation of incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
18.
Indemnification. You agree to indemnify and hold Gift-Flowers.com,
and its subsidiaries, affiliates, service providers, licensors, officers, directors,
employees and agents harmless from any and all losses, liabilities, damages and/or
costs (including reasonable attorneys' fees), arising from any third party claims
related to your use of the Service, any Content you post, email, transmit, or relay
to or through the Service, your violation of the Terms of Use, or your violation
of any intellectual property or other third party rights or any applicable law.
19.
Termination Policy. null
20.
General. The Terms of Use will be governed
by and construed in accordance with the laws in existence in India. You also consent
to the exclusive jurisdiction of the Delhi State, India, and you further consent
to the exercise of personal jurisdiction of the courts therein. If any provision(s)
of the Terms of Use is found to be contrary to law, then such provision(s) will
be construed, as nearly as possible, to reflect the intentions of the parties with
the other provisions remaining in full force and effect. Gift-Flowers.com's failure
to exercise or enforce any right or provision of the Terms of Use will not constitute
a waiver of such right or provision unless acknowledged and agreed to by Gift-Flowers.com
in writing. These terms and conditions constitute the entire agreement between you
and Gift-Flowers.com with respect to the subject matter herein and supersede any
and all prior or contemporaneous oral or written agreements. You may not assign
this agreement to any other party.
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