USER AGREEMENT

Last Revised: September 15, 2020.

 

This User Agreement explains your rights and obligations in accessing, visiting, and/or using the Service, brought to you by Flower Bomb Media. This User Agreement does not apply to websites, apps, destinations, or other offerings that we do not own or control, even if they are linked to from the Service. All capitalized terms used in this User Agreement that are not otherwise defined have the meanings set forth in the Glossary.

 

You can access this User Agreement any time in the footer of the Service's home page, via the menu button/hamburger icon or on the Service description screen, or as otherwise indicated depending on the Service you are using. By purchasing a Product, registering for any aspect of the Service, or otherwise accessing, visiting, or using the Service, you consent and agree to be bound by the terms of this User Agreement. If you do not agree with the terms and conditions of this User Agreement, you should not access, visit and/or use the Service, or request or receive a Product. We advise that you print or retain a digital copy of this User Agreement for future reference.

 

In addition to reviewing this User Agreement, please also review our Privacy Policy and any other terms and conditions that may be posted elsewhere in the Service or otherwise communicated to our users, because the Privacy Policy and all such terms and conditions are also part of the Agreement between you and us.

 

This User Agreement may be modified from time to time, so check back often. So that you are aware changes have been made, we will adjust the “Last Revised” date at the beginning of this document. If we make a material change to this User Agreement, we will also post on the Service a prominent notice that a change was made. Continued access, visitation, and/or use of the Service by you, or continued receipt of a Product, will constitute your acceptance of any changes or revisions to the User Agreement.

 

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION VIII(7) BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. READ MORE IN SECTION VIII(7) BELOW.

 

If you breach, violate, fail to follow, or act inconsistently with any part of the Agreement, we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Service or any Product. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.

 

In the event of any conflict or inconsistency between the terms and conditions of this User Agreement, and any other terms and/or conditions applicable to the Service, we shall determine which rules, restrictions, limitations, terms, and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.

 

 

Use of the Service by You

A. The Service is not intended for users under the age of 13, and such users are expressly prohibited from using the Service, registering for any Products such as contests or surveys, making any purchases, or registering for any aspect of the Service, and by taking such actions you agree, represent, warrant, covenant and guarantee that you are 13 years of age or older. PARENTS: Note that parental controls (such as computer hardware, software, and filtering services) are available that may help limit access to material deemed inappropriate for minors.

 

B. You shall ensure that the Device and all equipment, hardware, software, products, and/or services you use to access, visit, or use the Service does not disturb or interfere with our operation of the Service, or impede or interfere with others' access, visitation and/or use of the Service. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service any Device or other equipment, hardware, software, product, and/or services causing interference with us, Third-Party Providers, the Service, or any Product or Content.

 

C. If you provide to us the number for a Device, or we obtain the device identifier for a Device you are using, you agree, represent, warrant, covenant, and guarantee that such Device is registered in your name and owned by you, or that you have permission of the Device owner(s).

 

D. Unless otherwise specified, the Service is intended for your personal, non-commercial use only. You may not access and/or store the Service or any of its Content except for personal, non-commercial use. You are solely responsible for all usage of, or activities on, the Service by you and by those you authorize or allow to use, or provide access to, the Service, for example, by authorizing or allowing access to your account/profile or any Device on which the Service resides or is accessible.

 

E. You acknowledge that we have not reviewed and do not necessarily endorse the Content or Products available on or through sites, applications, destinations, or services linked to or accessible from this Service and are not responsible for the Content, Products, or actions of any other sites, applications, destinations or services. Your linking to or accessing any other site, application, destination, or service is at your sole risk.

 

F. You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using the Service, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Service.

 

G. You must comply with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you must not transfer, by electronic transmission or otherwise, any Content or Products subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person or entity, or for an end use, prohibited thereby. You will not post, upload, transmit, send or otherwise make available any Content on or through the Service that cannot be exported without prior government authorization or notification, including without limitation certain types of encryption software.

 

H. You agree, represent, warrant, covenant and guarantee that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

I. Content and Products that are provided by us and authorized Third Party Providers, as well as the organization, design, compilation, and “look and feel” of the Service, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or such authorized Third Party Providers.

 

J. Certain Content or Products may be identified as available to you on or through the Service for download, installation, and/or streaming on your Device, and via Real Simple Syndication (RSS). Such Content or Products are subject to the same terms, conditions, limitations, and restrictions applicable to all Content and Products provided by us and authorized Third-Party Providers. You must, in addition to all of your other obligations, use such Content and/or Products only to the extent expressly authorized for the particular Content or Product, and you may not use such Content or Product in a manner that exceeds such authorization.

 

Prohibitions on Use of the Service:

A. Absent explicit prior written consent in certain situations, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, do any of the following for any reason:

 

● make any commercial, advertising, promotional, or marketing use of the Service, Products and/or Content obtained on or through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us or the Service;

 

● impersonate, imitate or pretend to be somebody else, by setting up different accounts/profiles or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Service;

 

● falsely state, represent, or imply any affiliation, association, or connection between any person or entity, including without limitation you, your company, or your site, application, destination or service, with the Service, us, or Third Party Providers;

 

● post, upload, transmit, send or otherwise make available on or through the Service any Content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers, including without limitation touting or recommending any stocks or particular security, portfolio of securities, transaction or investment strategy;

 

● repeatedly post, upload, transmit, send, or otherwise make available on or through the Service the same Content multiple times in a day, week, or month;

 

● post, upload, transmit, send, or otherwise make available on or through the Service any unsolicited bulk communication;

 

● forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you may post, upload, transmit, send, or otherwise make available on or through the Service;

 

● use any bots, cheats, macros, scripts, or run Maillist, Listserv or any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit and/or use the Service, including without limitation to post, upload, transmit, send, or other make available Content on or through the Service;

 

● copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content on or through the Service, including by an automated or manual process or otherwise, if we have taken steps to forbid, prohibit, or prevent you from doing so;

 

● engage in personal attacks, use any language that is, or post, upload, transmit, send or otherwise make available on or through the Service any Content about an individual that is, abusive, intimidating, bullying, harassing, hateful, violent, or that victimizes, degrades, defiles or disparages an individual, on or through the Service;

 

● use any language that is, or post, upload, transmit, send or otherwise make available on or through the Service any Content about a group that is, hateful, violent, or that victimizes, degrades, defiles or disparages any group based on race, gender, gender identity, religion, national origin, disability, sexual orientation, or age, or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia;

 

● use any language, or post, upload, transmit, send or otherwise make available on or through the Service any Content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation (e.g., drug use, underage drinking), including without limitation defamation, child pornography, fraud, or invasion of privacy;

 

● stalk others on or through the Service, or using information obtained on or through the Service, or otherwise contact other users in the physical world without their permission using information obtained on or through the Service;

 

● use any language that is, or post, upload, transmit, send or otherwise make available on or through the Service any Content that is or depicts anyone engaged in any act deemed by us to be, pornographic, obscene, sexually explicit, perverse, illicit, indecent, lewd, or lascivious;

 

● engage in “cyber-sex” (i.e., “virtual sex”) or "sexting" or solicit another to participate in “cyber-sex” or "sexting" on or through the Service;

 

● use any language, or post, upload, transmit, send or otherwise make available on or through the Service any Content that we deem to be offensive, immoral, vulgar, crude, harmful, violent, deceptive, or otherwise inappropriate;

 

● post, upload, transmit, send or otherwise make available on or through the Service any Content that you are bound to not disclose, by agreement, contract, fiduciary duty, employment relationship, or otherwise, such as insider information, proprietary and/or confidential information, or trade secrets;

 

● provide professional advice or post, upload, transmit, send or otherwise make available on or through the Service any Content intended to provide professional advice about medical, health, legal, tax, financial, or investment issues, or to solicit, recommend, or endorse any securities or financial instruments, or suggest that a particular transaction or investment strategy is suitable for you or any specific person;

 

● discuss the mechanics of sweepstakes, contests, auctions, flash sales, or similar promotions available on or through the Service, or attempt to manipulate, corrupt or otherwise affect the outcome of, any such promotions, or post, upload, transmit, send, or otherwise make available on or through the Service any Content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, inform, or promote activities that may subvert or not comply with the rules, restrictions, and/or limitations applicable to such promotions;

 

● post, upload, transmit, send, or otherwise make available on or through the Service any Content that illustrates, depicts anyone engaged in, or is intended to enable, authorize, encourage, assist, suggest, inform, promote or give instructions for weapon and/or explosive manufacture or use;

 

● post, upload, transmit, send or otherwise make available on or through the Service any Content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, Third-Party Providers, other users, and/or any third party;

 

● copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content or Products;

 

● copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content or Products obtained on or through the Service, in whole or in part, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us or the Service;

 

● copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Service, in whole or in part, including without limitation any Content, Products, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or otherwise reduce the Service, in whole or in part, to a human perceivable form;

 

● attempt to or in fact disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, repossess, alter, tamper or interfere with, the Service including without limitation any Content, Products, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others' access, visitation, and/or use of the Service, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise; or

 

● post, upload, transmit, send or otherwise make available on or through the Service any software disabling devices, time bombs, keystroke loggers, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs, or code, or devices or defects of similar nature.

 

B. CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.