If you do not agree to these TOU, please do not register for or enter the Website. The Company may also modify the TOU at any time, without notice. Any modifications will be posted on this page, therefore we suggest you return to this page on a regular basis to view the TOU. Your continued use of the Website after any modification will mean you agree to the TOU as modified. If you do not agree to a modification, you should stop visiting the Website immediately.
Visitors to FrugalFlower.com may register their identifying information and become “Registered Users.” As a Registered User, you have your own account consisting of access to content, tools and other services reserved solely for Registered Users.
Each Registered User may receive a unique screen name and password. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may change your password at any time by updating your account on the Website. You agree to immediately notify FrugalFlower of any unauthorized use of your password or account or any other breach of security.
FrugalFlower is not and will not be liable for any loss or damage resulting from your failure to comply with this section.
By registering at FrugalFlower.com, you agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If FrugalFlower suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these TOU, your account may be subject to suspension or termination, we may delete any content you have posted, including but not limited to information about yourself, and you may be barred from using the Website.
FrugalFlower.com is not directed at children under 13 years of age. Any registration with, use of, or access to the Website by anyone under 13 is unauthorized, unlicensed, and in violation of these TOU.
Parents of children between the ages of 13 and 18 who wish to allow their children access to the site have the responsibility to determine the content that is appropriate for their children. Because FrugalFlower.com may contain user-generated content, please be aware the FrugalFlower.com users may have created areas on the Website that contain adult or mature content.
FrugalFlower is the owner of the Website as a whole, and of any individual content on the Website that is provided by FrugalFlower staff members, or contributors who provide work under contract with FrugalFlower. All FrugalFlower content is protected under the copyright and intellectual property laws of the United States and other countries. The Website also includes works that are the property of others, such as individual contributors or experts; these works, too, are protected by copyright and other intellectual property laws. You may display and, unless otherwise noted, download and print out portions of FrugalFlower.com content solely for your own personal, non-commercial use. Any redistribution, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from FrugalFlower.com. You may not incorporate the information, content, or other material on FrugalFlower.com in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from this Website, except as specifically noted above.
Except as specifically authorized by FrugalFlower, you may not deep-link to this Website for any purpose or access this Website with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Website or any information, content, or material on this Website. FrugalFlower reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of this Website or any content contained therein, whether in whole or in part.
FrugalFlower.com is an Internet destination where individuals may exchange diverse viewpoints, stories and ideas. The interactive nature of postings on FrugalFlower.com makes it impossible for us to assume responsibility for any of the materials posted by Visitors and Registered Users. The ideas, suggestions, opinions, comments, and observations made by you and other Website users, including, without limitation, text, data, graphics, audio or video content, music, sound, chat, messages, files, graphics, stitch files, or any of these elements in combination as a design for products available on this Website or otherwise provided to FrugalFlower.com by its Visitors and Registered Users (“User Content”) are not endorsed by FrugalFlower, and we make no guarantee regarding the reliability, accuracy, or quality of any User Content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. All User Content posted to the Website is the sole responsibility of the person who originally posted the User Content, and your sole recourse for any damage you may suffer as a result of User Content shall be to such individual.
FrugalFlower does not claim any ownership rights in User Content. By submitting User Content, you are representing that you are the creator of the material you submit, or have authorization to distribute it. After posting User Content, you continue to retain your ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By sending User Content to FrugalFlower, or posting it on the Website, you expressly grant FrugalFlower a worldwide, royalty-free, sublicensable, and non-exclusive license to publicly display, use, reproduce, modify, create derivative works from, and distribute the User Content in any form, in connection with the Website or other affiliated or related FrugalFlower ventures. This license will continue perpetually unless and until you remove your user content from the Website, at which time the license granted here will automatically expire; provided however, that FrugalFlower may retain archived copies of your User Content, and may continue to include, use, or display such User Content in published materials (e.g. books, television products) created prior to such removal of your User Content.
If you choose to post User Content on FrugalFlower.com pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of FrugalFlower.com reflects your respect for the legal rights of users connected with FrugalFlower. In particular, you agree to the “Rules of Conduct” posted below (though this is not meant as an exhaustive list).
You acknowledge that FrugalFlower may or may not pre-screen User Content, but that FrugalFlower and its designates shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any User Content from the Website, for any or no reason and with or without notice.
The following rules of conduct apply to your use of the Website and to any and all User Content you post on FrugalFlower.com.
You acknowledge that FrugalFlower reserves the right to charge for some or all of the products and services it offers and to change its fees from time to time at its discretion. Billing will be processed immediately upon purchasing a FrugalFlower product and/or service. If FrugalFlower modifies, removes, discontinues or terminates your service, product or user registration, you shall not be entitled to a refund. All sales are final. There are no refunds.
FrugalFlower respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with FrugalFlower and the Website, you may not post, modify, distribute, or reproduce in any way any User Content that is copyrighted material belonging to others, without obtaining their prior written consent. FrugalFlower reserves the right, in its discretion, to remove any User Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html.
FrugalFlower’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: [email protected]
Frugal Flower Companies Inc.
Attention Copyright Agent
736 Boston Post Rd
Sudbury MA 01776
We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there may be penalties for false claims under the DMCA.
You are solely responsible for your interactions with other Registered Users or Visitors to the Website. FrugalFlowers reserves the right, but has no obligation, to monitor or take action regarding disputes between Registered Users and/or Visitors. In the event of disputes, FrugalFlower may in its sole discretion take such action as it deems appropriate, including but not limited to suspending or terminating your account or your ability to access the Website, and removing any User Content.
You agree to indemnify and hold FrugalFlower and its subsidiaries, affiliate, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post, transmit, or otherwise make available through the Website, your use of the Website or other FrugalFlower services, your connection to the Website, your violation of the TOU, or your violation of any rights of another.
FrugalFlower may establish general practices and limits concerning use of the Website, including, for example, limits on the number of:
- files (including graphics, photographs, videos, or sound/music files) that may be posted
- disk space that will be allotted on FrugalFlower’s servers on your behalf, and
- times you may access the Website in a given period of time (and the maximum duration of your visits to the Website).
You agree that FrugalFlower has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content, provided by you or otherwise, maintained or transmitted by FrugalFlower and its affiliated websites.
FrugalFlower reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. FrugalFlower shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
FrugalFlower may, under certain circumstances and without prior notice, immediately terminate your FrugalFlower account and access to the Website and any other FrugalFlower services. Cause for such termination shall include, but not be limited to:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FrugalFlower AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FrugalFlower AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FrugalFlower OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEBSITE. IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEBSITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FrugalFlower AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FrugalFlower HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
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 ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
FrugalFlower may provide you with notices, including those regarding changes to the TOU, by email, regular mail or postings on the Website.
Please report any violations of the TOU, including objectionable User Content or behavior, to [email protected].com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, FrugalFlower in its sole discretion may investigate the matter and take such action as FrugalFlower determines to be appropriate.
TOU updated February 23, 2010