Terms of Service

Please review carefully the terms and conditions set forth below before using the Flowerville web site. The terms "You", "Your", "User", or "Users" refer to anyone accessing our services or web site for any reason. The terms "We", "Us", or "Our" refer to Flowerville (or flowerville.ca). The Flowerville web site is offered to you conditioned on your acceptance of the terms, conditions, restrictions and notices contained herein. Flowerville may amend or modify these terms and conditions without notice, effective immediately, by updating this posting. Your use of the Flowerville web site constitutes your agreement to all such terms, conditions, restrictions and notices. Note: For purposes of this agreement, Users are classified as Service Users, Service Buyers or Service Providers, respectively or jointly as the "Parties" and individually as a "Party". These terms and conditions constitute the entire agreement between you and Flowerville as to its subject matter. If you do not agree to any of these terms and conditions you should immediately cease to use Flowerville's website.

ELIGIBILITY FOR REQUIREMENTS

Flowerville shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service. Flowerville's web site is available only to individuals or entities who can form legally binding contracts under applicable law. The services of this web site are not available to minors. If Users do not qualify, they cannot legally use any of Flowerville's services including, but not limited to, those that require the User's ability to form legally binding contracts.

REMOVAL FROM NETWORK

Flowerville reserves the right to terminate the participation of any member or site without reason but expressly including any member site that Flowerville judges to be in violation of the Terms and Conditions.

Members in violation of Flowerville's Terms and Conditions will be immediately deactivated. Flowerville may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from Flowerville. Members that are terminated by Flowerville on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from Flowerville.

DESCRIPTION OF SERVICES

Flowerville offers a wide range of tools, content, products, services, benefits, and other resources on its Flowerville web site of particular interest to business owners to efficiently and cost effectively manage their web communication needs. These services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the services or content (in whole or in part), access to this service or use of this service.

Some of the services offered at Flowerville may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and Flowerville and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.

User understands and agrees to the following:

Flowerville is a dynamic time-sensitive web site. As such, the information on Flowerville will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by Flowerville or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.

Flowerville provides unmonitored access to third-party content. Flowerville is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. Flowerville does not control nor always review the web sites to which we link from Flowerville. Flowerville, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from Flowerville, and Users should not treat any link as such an endorsement or acceptance of veracity or value.

Flowerville does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. Flowerville expect that the User will undertake necessary activities and practices and will use caution and common sense when using Flowerville for User's account.

CONTRACTUAL RELATIONSHIP

The website Flowerville and the associated software that runs the Flowerville website is owned by Evermight. Evermight has exclusive license and management agreements to manage the Flowerville website and to use its software. Consequently, your account, funds held and payments with Flowerville are processed and managed by Evermight.

COPYRIGHTS

No copyrighted material can be posted on Flowerville. This includes scripts which are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights.

USER CONTENT

User is solely responsible for content or any other information User provides to Flowerville. User understands and agrees to the following:

Flowerville is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. Flowerville has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for Flowerville, harm its business operation or reputation, or cause Flowerville to lose the services of its suppliers.

User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

By submitting User content to Flowerville, You hereby grant to Flowerville a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of Flowerville (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.

USER RESTRICTIONS

Registration and Processing of your Personal Data

Your personal information will be processed by Flowerville in order to fulfil the agreement with You, perform delivery of products etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between Flowerville and any associated entity within the Flowerville organization. At such transfer, personal data may be transferred outside Canada. By entering into this agreement, You hereby approve such processing of your personal information as set forth above. The consent hereby given can in whole or in part be recalled by giving written notice to us. Should you choose to recall your consent, and such recall should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate the agreement. Should you require further information regarding our processing of your personal information, please contact us at the address set forth below.

Flowerville discloses sensitive personal information only if required to comply with legal obligations or with your consent.

LIMITATION OF LIABILITY

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT POSSIBLE UNDER THE RELEVANT LAWS Flowerville EXPRESSLY DISCLAIMS ALL LIABILITIES FOR ANY LOSS, CLAIM, DAMAGE OR PENALTY A USER SUFFERS DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE USE OF THE Flowerville WEBSITE. Flowerville MAKES NO GUARANTEE, INDEMNITY OR WARRANTY, EXPRESS OR IMPLIED IN RESPECT OF THE USE OF THE Flowerville WEBSITE.

APPLICABLE LAW

Any dispute arising out of or in connection with these User Terms shall be governed by the laws of the Province of Ontario, Canada. You and Flowerville irrevocably submit to the non-exclusive jurisdiction of the courts of Ontario, Canada. If any of the provisions of these terms and conditions of service are held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced.