QUICK LINKS: LEGAL, COPYRIGHT NOTICE, SUBMISSIONS, COLORS,CORRECTION OF ERRORS AND INACCURACIES; LIMITATIONS ON QUANTITY, DISCLAIMERS, LIMITATION OF LIABILITY, ENFORCEMENT OF TERMS AND CONDITIONS
This Website ("Site"), FastSilkFlowers.com
is Operated by OTT Enterprises, LLC dba Amazon Kinkade("Amazon Kinkade").
Your Use of This Site is Governed by These Terms and Conditions on this page
and our
Return,
Terms of Sale and
Privacy Policies, as they may be amended or supplemented from time
to time. Changes to this Agreement will be effective when posted.
Please take a few minutes to review these policies. Your use of this Site constitutes
your agreement to follow these rules and to be bound by them. If you do not agree
with any of these policies, do not use the FastSilkFlowers.com Site.
These Terms and Conditions May Change
Amazon Kinkade reserves the right to update or modify these policies at any time
without prior notice. Your use of this Site following any such change constitutes
your agreement to follow and be bound by the policies as changed. For this reason,
we encourage you to review these policies whenever you use this Site.
COPYRIGHT NOTICE
All of the Content you see and hear on this Site, including, for example, all of
the page headers, images, illustrations, graphics, audio clips, video clips, and
text, are subject to trademark, service mark, trade dress, copyright and/or other
intellectual property rights or licenses held by OTT Enterprises, LLC, one of its
affiliates or by third parties who have licensed their materials to Amazon Kinkade.
The entire Content of this Site is copyrighted as a collective work under U.S. copyright
laws, and Amazon Kinkade owns a copyright in the selection, coordination, arrangement
and enhancement of the Content.
The Content of this Site, and the site as a whole, are intended solely for personal,
noncommercial use by the users of our site. You may download, print and store selected
portions of the Content, provided you (1) only use these copies of the Content for
your own personal, non-commercial use, (2) do not copy or post the Content on any
network computer or broadcast the Content in any media, and (3) do not modify or
alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as
a result of any such downloading. Amazon Kinkade reserves complete title and full
intellectual property rights in any Content you download from this Site.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute,
transmit, transfer or create derivative works from the Content without first obtaining
written permission from Amazon Kinkade.
SUBMISSIONS
We welcome your comments regarding this Site. However, any comments, feedback, notes,
messages, ideas, suggestions or other communications (collectively, “Comments”)
sent to Amazon Kinkade shall be and remain the exclusive property of Amazon Kinkade.
Your submission of any such Comments shall constitute an assignment to target.direct
of all worldwide rights, titles and interests in all copyrights and other intellectual
property rights in the Comments. Amazon Kinkade will be entitled to use, reproduce,
disclose, publish and distribute any material you submit for any purpose whatsoever,
without restriction and without compensating you in any way. For this reason, we
ask that you not send us any comments that you do not wish to assign to us, including
any confidential information or any original creative materials such as stories,
product ideas, computer code or original artwork.
COLORS
We have done our best to display as accurately as possible the colors of the products
shown on this Site. However, because the colors you see will depend on your monitor,
we cannot guarantee that your monitor’s display of any color will be accurate.
CORRECTION OF ERRORS AND INACCURACIES ;
LIMITATIONS ON QUANTITY
The information on this Site may contain typographical errors or inaccuracies and
may not be complete or current. We therefore reserve the right to correct any errors,
inaccuracies or omissions and to change or update information at any time without
prior notice (including after you have submitted your order). Please note that such
errors, inaccuracies or omissions may relate to product description, pricing and
availability. We also reserve the right to limit quantities (including after you
have submitted your order). We apologize for any inconvenience this may cause you.
Additional restrictions apply. Please see our Return Policy for more details.
DISCLAIMERS
THE FastSilkFlowers.com Site IS
OPERATED BY Amazon Kinkade, ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, Amazon Kinkade DISCLAIM
ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, Amazon Kinkade DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES
NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
WITHOUT LIMITING THE FOREGOING, Amazon Kinkade DOES NOT REPRESENT OR WARRANT THAT
THE INFORMATION ON THIS Site IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR
CURRENT OR THAT THIS Site WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, Amazon Kinkade DISCLAIMS ANY LIABILITY AS TO THE
ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE
FROM THE MANUFACTURER OF THE ITEM.
Amazon Kinkade DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT
THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT
OF THE USE OF THE INFORMATION CONTAINED ON THIS Site, OR ABOUT ANY Site YOU MAY
ACCESS THROUGH THIS SITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY.
YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS
WITH ANY OTHER WEBSITE.
Amazon Kinkade MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE
OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Amazon Kinkade ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT
PROVIDED ON THIS SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL Amazon Kinkade OR ANY OF THEIR EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES
OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS
SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES
OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Amazon
Kinkade HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE
TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS
SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS
AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS
LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON
LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE
LIABILITY OF AMAZON KINKADE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE
WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE FastSilkFlowers.COM
SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS SITE IS SUBJECT TO THESE TERMS
AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT
TO THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA.
Posted 2-23-08
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