Welcome to Monsoon Flowers.
- Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.
- Introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful codes.
- Obtain unauthorized access to any computer system, including without limitation access to any API that may be provided by Monsoon Flowers in a manner not authorized by Monsoon Flowers .
- Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
- Impersonate any other person including but not limited to, a registered user of this Site or an employee of Monsoon Flowers.
- Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
- Misrepresent the identity of a user or use a false e-mail address.
- Tamper with or obtain access to this Site or any component of this Site.
- Conduct fraudulent activities
- Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
- Abuse special discounts, awards or incentives offered by Monsoon Flowers. Unless otherwise specified, only one offer is valid per person, maximum two per household.
- Membership Eligibility: The Site is available to members who are 18 years and older, residents of the United States, and who have not been suspended or removed by Monsoon Flowers for any reason. By becoming a member you represent that you are of legal age and that you reside in the United States. If you do not qualify, you may not use the Site. As a member, you agree to provide true accurate, current and complete information about yourself as prompted by the Site’s registration form. You agree to use the Site for your own personal use and not for commercial purposes.
Members may not have more than one active account. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.
- Proprietary Rights: You acknowledge and agree that the content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of Monsoon Flowers and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. If you give feedback to us regarding the Site, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise.
- Prohibited Use:
- You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site.
- You may not decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance.
- You may not copy, frameset, enclose or otherwise distribute any part of the Site.
- Independent Vendors: Monsoon Flowers relies upon a network of independent vendors who supply some of the goods advertised on the Site and in some cases, drop ship them directly to the member. Independent Vendors are solely responsible for the content of advertisements and the goods that they sell through the Site. Without limitation, Monsoon Flowers is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors, even if appearing on the Site or in emails from us. Nothing on the Site shall be deemed to confer on any person any license or right on the part of Monsoon Flowers or any supplier with respect to any such image, logo or name.
- User Content: Monsoon Flowers may provide users an opportunity to transmit or post text, videos, photographs, images, sound files and/or other content to the website (collectively, “User Content”) and may provide for the hosting, sharing and/or publishing of such User Content. Monsoon Flowers does not necessarily endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.
You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not Monsoon Flowers, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of Monsoon Flowers publishing such User Content. The Monsoon Flowers does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, Monsoon Flowers shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates these Terms of Service or is otherwise objectionable, as determined by Monsoon Flowers in its sole discretion and without notice. Any specific complaints regarding User Content must be directed to firstname.lastname@example.org, and any promise by Monsoon Flowers to investigate, delete, remove, or otherwise edit any User Content shall be non-binding unless expressly provided in writing by an authorized representative of Monsoon Flowers.
You agree to indemnify Monsoon Flowers and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, agents and representatives, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney’s fees) that may arise from your use of the Monsoon Flowers website, your transmission or posting of User Content, your unauthorized use of material obtained from the Monsoon Flowers website, your breach of these Terms of Service, your violation of any law, regulation or any right of any other person or entity, and any unauthorized use of your account or password. Monsoon Flowers reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
- Prohibited Content: If we allow you to upload User Content, you may not:
- Provide User Content that you don’t have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
- Forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;
- Provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
- Provide User Content that are illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Impersonate anyone else or lie about your affiliation with another person or entity in your User Content;
- Use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks in your User Content; or
- Provide User Content which disparage us or our partners, vendor or affiliates.
We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.
- We Are Not Responsible for User Content: We generally do not review any of the User Content posted by our members. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in User Content. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content. You may be offended by User Content that you see on the Site. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Site, including your exposure to User Content.
- Purchasing: Monsoon Flowers works with outside providers for maintenance of the Monsoon Flowers website. Monsoon Flowers and its partners strive for complete accuracy in description and pricing of the products on the site, however, due to the nature of the internet occasional glitches or mistakes may cause inaccuracies to appear on the site. Monsoon Flowers has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price you may be refunded the overcharge and the item will ship for the correct price. If the displayed price is less than the actual price, Monsoon Flowers will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.
- Suggested Retail Prices: Monsoon Flowers displays suggested retail prices for goods offered on the Site based on pricing information provided by vendors and manufacturers, and we make no promises about the reliability or accuracy of any such information listed on the Site.
- Payment and Refunds: Cash for in store pick up and all major Credit/Debit Cards and Paypal are acceptable methods of payment. Our Terms are payment in full upon placing the order. By placing the order, you consent to payment being charged to your credit card or electronic payment account. Payment will be debited and cleared from your account prior to the dispatch of floral or non floral goods. All floral purchases are final sale. Some non floral purchases may be eligible for a return as noted in the description but you must notify us within 10 days via email along with the order number, item that is being returned and the reason for the return.
- Links to Third Party Websites; No Implied Endorsements: This Site may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. You should also read the terms and conditions and privacy policies of these other websites.
- Disclaimer of Warranty: THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, MONSOON FLOWERS DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitation of Liability: IN NO EVENT SHALL MONSOON FLOWERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF MONSOON FLOWERS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF MONSOON FLOWERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO MONSOON FLOWERS IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY OR IF YOU HAVE NOT PAID, $100. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL MONSOON FLOWERS OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF MONSOON FLOWERS.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
- Not Intended for International Use: We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any User Content or any copy or adaptation of such User Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
- Risk of Loss: The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.
- Third Party Vendors: Monsoon Flowers is not affiliated with websites or third parties that sell or advertise our products or the Site. Monsoon Flowers reserves the right to void all service, return, and other policies for orders and Monsoon Flowers products that were purchased through unauthorized sellers or sellers that violate Monsoon Flowers policies. Monsoon Flowers is not responsible for any representations by third party vendors.
- Copyright Infringement: Notice and Take Down Procedures: Notice and Take Down Procedures: If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our contact for copyright issues relating to this Site is: Monsoon Flowers, 15 Broadway, Cresskill, NJ 07626 or email@example.com
- For violating Sections 1(b), 1(i), or 5(c) of these Terms or Use, or continuing to access or use the Site after your account has been terminated pursuant to Section 23 or after you have been suspended or removed from using the Site pursuant to the first paragraph of Section 2, you agree to pay $25,000 for each Instance of Unauthorized Conduct.