The following terms and conditions (collectively, these “Terms of Service”) apply to your use of PalmBeachRose.com, including any content, functionality and services offered on or via PalmBeachRose.com (the “Website”). Throughout these “Terms of Service” the term “User” and “You” can and will be used interchangeably but refer to the same person. Vendors that “User” may be in contact with will be referred to as “Vendor”.
1. Changes to the Terms of Service
We reserve the right to make changes to, or suspend or discontinue the Website or any portion of the Website. You agree that we will not be liable to you or any party due to any changes, suspension, or stoppage, of the Website. We will update these Terms of Service from time to time, at our discretion. As we change, we hope to make the user experience better. Your continued use of the Website will mean that you are still in agreement of the Terms of Service.
2. Registration & Logging In
Certain features of the Website require you to register by entering your email or choosing a User ID and by setting a password as part of our security procedures. You must safely guard this confidential information. We recommend that you choose a very strong password and that you sign out of your account after every visit. We require that any information you provide as part of the sign up process be complete, true and accurate. You agree to keep this information current at all times.
Certain features of the Website will require you to log in using your User ID and password. You are responsible for any activity on the Website when the Website is accessed through your account, whether you authorized it or not. We are not liable for any loss or damage arising from your failure to protect your password or account information.
3. Rules of Conduct & Content
We have some Conduct & Content Standards that you must follow when you use the Website. You must not:
attempt to collect information from the Website using any automated software tool
attempt to use any automated means to access the Website, or gain unauthorized access to the Website or to any account or computer system connected to the Website
attempt to download, store or transmit copies of streamed content
attempt to obtain access to areas of the Website (or our servers) that are not intended for you to be able to access
attempt to impersonate any other person
attempt to overload, disrupt or harm the Website or any of its servers
attempt to reverse engineer the Website
restrict or inhibit another user or users
If you post anything to the Website, make sure not to post anything that:
contains defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, or other harmful language,
is negative and/or untrue about another person or entity,
is fraudulent, unlawful, threatening, or discriminatory,
uses racially objectionable language,
infringes any third party intellectual property rights,
contains any information that you do not have a right to make available,
advertises or solicits business for products or services other than those that are offered and promoted on the Website,
contains any harmful content or code
4. Ownership of User Content
Content is defined as any: information, text, data, software, photos, videos, posts and/or comments, scripts, graphics, and interactive features made accessible via the Website. Content also includes User Content. User Content is defined as: any content that is added, created, submitted, distributed, uploaded or posted to the Website by users, regardless whether publicly posted or privately transmitted. We claim no intellectual property rights over the User Content. Your content remains yours. However, you agree to allow others to view your content and you grant us a royalty free, perpetual, irrevocable, transferable, assignable, sublicensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose.
5. Responsibility of User Content
You alone are solely responsible for the material you post or otherwise make publicly available on the Website. You alone are responsible for determining the credibility of other user postings. We do not control the content that you or others may post or otherwise make available in the Website. We do not guarantee that any content will be made available on the Website. You understand and agree that we have no obligation to monitor any content, or to edit and/or delete it. However, we reserve the right to monitor, edit or delete user content we deem necessary in our sole discretion. We are not responsible for any user’s content accuracy or legality.
6. Copyright Infringement
We reserve the right to disclose user information when required to do so by law, including in response to a law enforcement request that is supported by a valid court order. You agree to hold the Website harmless from any claims resulting from any action taken by the Website during or as a result of any investigations by either the Website or law enforcement authorities.
If you believe that any User Content violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written take down notice including the following information:
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 us to locate the material.
Information reasonably sufficient for us to contact you, such as email, address, telephone number.
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.
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.
The notice can be sent to us electronically through our Support form, or via email at shop@PalmBeachRose.com.
7. Suspension or Termination of Access
8. Links to Other Sites
9. Waiver and Severability Clause
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PalmBeachRose.com and will be governed by the laws of the United States and the State of Florida, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
10. Disclaimers and Limitations of Liability
Your use of the Website is solely at your own risk. The service is provided “as is” and “as available”.
We disclaim any and all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranties that the information on the Website will be accurate or up-to-date.
We make no warranties regarding any Vendor’s qualifications. We do not screen Vendors nor do we endorse any Vendor.
We make no warranties that the Website or the information stored on it will be secure from unauthorized access.
We are not liable for any dispute, claim, controversy, or lawsuit that Vendor and User may have against each other arising from the use of the Website.
You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party’s property or information.If you are dissatisfied with the Website, or any materials, products, or services of the Website, you should immediately discontinue your use of the Website.
We will need to communicate with you sometimes. We will try to keep the emails to a minimum and when we can we will let you opt out. We will send you email relating to your activity on the Website.You agree to provide us with a current email address. Email addresses from anonymous email providers will not be permitted. If you give us an email address from an anonymous email provider we reserve the right to delete your account at any time and without warning.
12. Geographical Limitations
The Website is meant solely for the purpose of promoting products and services available in the United States of America. If you choose to access the Website from locations other than the United States of America, you are responsible for compliance with all laws.
PalmBeachRose.com reserves the right to modify or terminate (temporarily or permanently) the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. You agree that PalmBeachRose.com will not be liable to you or any third party for modification, suspension or termination of the Services.