Membership and Registered User Accounts
Guest Article and Event Submissions
The purpose of the Plants and Petals website is to provide and connect the public with great local flower and plant shops, along with helpful guides and resources. By purchasing our Guest Article or Event Submissions services, you are surrendering rights over the content submitted, thus transferring full content rights and ownership to 522 Bliss, LLC. If you close your account or cancel any subscriptions you have with the Plants and Petals website, previously submitted content will remain in place. If you would prefer that your business information and name be removed or anonymized on the website, you may submit your request to firstname.lastname@example.org. Your request will be reviewed and upon approval, any necessary action will be completed. Please note that 522 Bliss, LLC is not obligated to approve requests made. Approvals are at the discretion of 522 Bliss, LLC.
Communications on the Website or from Us
By using the Website or the Service or communicating with Plants and Petals or others by means of your access to the Website or Service, you also consent to receive communications from Plants and Petals, including but not limited to, emails, text or SMS messages, and other online, mobile, or conventional methods as exist now or may exist in the future.
User Feedback and Submissions
* You or anyone acting on your behalf or for your benefit may not create or use multiple, fake or temporary accounts or listings, including, without limitation, creating or using websites or programs specifically designed to solicit or “phish” for private information from others, hacking into our system or creating or using programs to specifically circumvent proper and authorized use of our Website and its functionality as determined in the sole discretion of Plants and Petals.
* You may not sell to or purchase from another Member or prospective member, whether directly or indirectly, Member or Registered User accounts and/or associated account information.
* You may not abuse, manipulate, or engage in any activity related to Plants and Petals’ policies, practices or offerings to wrongfully earn or acquire goods or services of any kind through Plants and Petals or another party.
* You may not post, share or communicate in any manner via the Website or the Service any information or content that is defamatory, libelous, threatening harm or injury of any kind, harassing, discriminatory, unlawful, obscene, indecent and/or contains pornography or “adult” content or graphic or gratuitous violence.
* You may not impersonate any person or entity, including, but not limited to, a Plants and Petals representative, moderator, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
* You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Service.
* You may not upload, post, email, transmit or otherwise make available any Submission containing content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party.
* You may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of improper solicitation, except in those areas that are designated for such purpose or any material 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.
* You may not disrupt the normal flow of online dialogue, cause a screen to “scroll” faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges.
* You may not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
* You may not intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation the CAN-SPAM Act.
* You may not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
* You may not “stalk,” solicit, or harass another and/or collect or store personal data about other Users in connection with any of the prohibited activities set forth.
* You may not use, promote, or enable others to use or promote any device, software or routine that is intended to or likely to damage or interfere with the proper working of the Website or Service or involves the use of deception, false information, fraud, manipulation, avoidance, or cheating of any kind, including, without limitation, creating or utilizing programs, scripts, bots, or any method to mimic, fake or otherwise improperly simulate actual user activity on the Website, or to surreptitiously intercept or expropriate any system, data, images or other multimedia elements or personal information from the Website.
* You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, transmits or is intended to transmit unsolicited mass mailings or transmits or is intended to transmit any illegal, obscene, sexually explicit, “adult” or otherwise inappropriate content via the Website, including but not limited to denial of service attacks, auto–generation techniques, or any other unsolicited overload technique.
* You may not label, describe or assign any names, keywords, tags or other words or features to any Submission or collection thereof that is intended to mislead or confuse, has or is likely to have the effect of misleading or confusing, or is unlawful, including without limitation, in a manner that (a) suggests you are or are affiliated with a person other than you or a company, organization or entity that you do not own or on whose behalf you are not authorized in writing to represent or (b) attempts to trade on the name, business or reputation of another.
* You may not use the Website, or any Service or content related thereto for an unlawful purpose, in violation of any third party rights or in an attempt to gain unauthorized access to a third party’s website, other accounts, computer system or networks connected to that third party’s website.
General Practices Regarding Use and Storage
Linking and Third Party Content
The Website and Service may contain links to third–party websites not under our control or operation. Plants and Petals or users may provide any such links only as a convenience; Plants and Petals does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. Nor do any such links imply any sponsorship by or affiliation of Plants and Petals with the linked site. The Website may contain news, advertisements, content and information published by various third–party providers. Use of any such third–party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.
This Website also may facilitate your ability to order and receive products, information and services from businesses that are not owned or operated by Plants and Petals. Any matters arising out of such Third Party Content, including without limitation, any and all content related in any way to the purchase, payment, warranty, guarantee, delivery, maintenance, use of, representations, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from or referenced by such businesses, are solely between you and such third parties. Plants and Petals does not endorse, warrant, or guarantee in any way any Third Party Content and is not liable in any way for such content, including without limitation, any matters related in any way to the accuracy, completeness, fitness, suitability, or usefulness of such content or the quality or availability of any products or services referenced in such content. Plants and Petals will not be a party to or in any way responsible for enabling, monitoring, or servicing any part of any transaction between you and third-party providers of any products, services, or information offered, depicted or otherwise made available in or through any Third Party Content, or for ensuring the confidentiality of your credit card information or any other information you may choose to provide a third party. Without being exhaustive, this means that any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of any charges by Plants and Petals.
Laws and Regulations
You acknowledge and agree that Plants and Petals, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Website, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Website, the Service and/or its features.
Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 Plants and Petals to locate the material;
- Information reasonably sufficient to permit Plants and Petals to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- 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
- 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.
Plants and Petals’ designated Copyright Agent to receive notifications claiming copyright infringement is: Copyright Agent, P.O. Box 12 Blissfield, MI 49228, email: email@example.com,
- Counter-Notice. If you believe that your Content 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 material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- 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;
- 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
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Blissfield, MI, 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, Plants and Petals may send a copy of the counter-notice to the original complaining party informing that person that Plants and Petals 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 Plants and Petals’ sole discretion. Please keep in mind that only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for support, and other communications should be directed to firstname.lastname@example.org. 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.
Disclaimer of Warranties
PLANTS AND PETALS PROVIDES THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. PLANTS AND PETALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THIS WEBSITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE WEBSITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE WEBSITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, PLANTS AND PETALS DOES NOT WARRANT THAT THE PLANTS AND PETALS WEBSITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE PLANTS AND PETALS WEBSITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE WEBSITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME.
Limitation of Liability
PLANTS AND PETALS SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE WEBSITE AND THE INFORMATION, CONTENT, MERCHANDISE AND EXPERIENCES PROVIDED VIA THE WEBSITE. PLANTS AND PETALS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF PLANTS AND PETALS HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY PLANTS AND PETALS. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, PLANTS AND PETALS’ TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE LESSER OF (A) THE AMOUNT YOU PAY US IN THE 30 DAYS PRIOR TO THE ACTION GIVING RISE TO THE ALLEGED LIABILITY OR (B) $50.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.