- Legal Stuff
Wildflower +Co. warmly welcomes artists, makers, and designers who would like to use our copyrighted and trademarked, Wildflower + Co. designs in their handmade work that they produce to sell. We give permission in the form of a royalty-free limited license to use Wildflower + Co. designs for the purpose of creating items for sale, under the following criteria:
- Handmade work created for sale must be personally handmade by the selling artist and may not be reproduced or copied in any form including but not limited to graphic, electronic, mechanical, or photocopying. Stamp designs specifically must be hand stamped. Mass production, assembly-line construction, production by workers for hire, or syndication of craftwork for sale is strictly prohibited.
- There are no quantity restrictions for handmade works that abide by this policy!
- Completed, handmade projects may be sold at retail locations, craft markets, & online. In selling such items, the seller must make it clear that the items are handmade or personally created by the seller, and not a product of Wildflower + Co. The seller may indicate that the supplies used are from Wildflower + Co., but the Wildflower + Co. logo may not be used in any way for promoting the sale of completed, finished items.
- Wildflower + Co. images may not be used for the purpose of creating logos or company trademarks.
- Digital files of any type containing Wildflower + Co. images may not be sold under any condition.
- Persons creating handmade items for sale are responsible for complying with any state and local consumer product safety, business, and tax laws & regulations. As a reminder, Wildflower + Co. products are not intended for use by children 12 years of age or younger. Material content restrictions vary for products classified for children versus adults. Additionally, many of our items are small & may present choking hazards to children. Customers who choose to use our goods for children’s products against our strict guidelines against doing so are solely responsible for their actions. Click here for product safety.
- Persons participating in this angel policy assume all liability for suitability of their work and agree to indemnify Wildflower + Co. & its employees/artists from disputes arising from their work.
- Wildflower + Co. is a NY corporation. The laws of the State of New York govern the policy. The state and federal courts for New York, NY, will have exclusive jurisdiction over any proceeding arising from this policy and New York, NY shall be the exclusive venue. Any failure by Wildflower + Co. to enforce any of its rights will not constitute a waiver of such rights.
- Note that this policy only applies to Wildflower + Co. branded merchandise for which we own the copyright. It specifically does not apply to any other brand that we may carry as a retailer. Should you have any questions, please contact us at firstname.lastname@example.org.
Wildflower + Co. designs, products and website are original and copyrighted. The purchaser of a Wildflower + Co. product or viewer of the Wildflower + Co. website is granted a limited license to use such product, for personal or limited commercial use (see Angel Policy for limited commercial use rights). Reproduction of Wildflower + Co. products, images, materials or website in any way is prohibited without written consent.
Information we Collect
We collect customer information for a variety of reasons, including as part of our ongoing efforts to provide customer service, improve our customer’s experience and to communicate with our customers about our products, services and promotions.
We collect personal information ("Personal Information") which may be used to readily identify, contact, or locate you, such as: name, email address, address, phone number, and date of birth. We collect such information when you: (1) register to use the service, create an account, or place an order, (2) apply & register for our Trade Program, (3) apply & register for our Affiliate Program, (4) use other features such as contests, surveys or posting content. We also maintain a record of your product interests and purchases in order to improve upon and personalize your shopping experience with Wildflower + Co.
How we Collect Information
Customer Online Registration. To register as a customer on our Website, you may need to provide Personal Information, such as your name, email address, and password. You may also provide other optional information, such as your month and day of birth or interests.
Using the Service. We collect information you post through the Service. For example, when customers sign up for a newsletter the Service will collect the information provided in such submissions, including any Personal Information.
Making Payments. When you make payments through the Service or complete a Customer Order Form, your financial account information, such as your credit card number, will be collected by our third-party payment processors. We do not collect or store such financial account information, but we may receive information from our payment processor about the payment, such as the date and time of payment.
Social Media Pages. We may collect information about you when you visit our social media pages or other features. The social media website provider may provide us with information, including Personal Information, such as your name, email address, and other information made available to us.
Customer Support. We may collect Personal Information through your communications with our customer-support team.
Cookies and Similar Technology We and our third party service providers, such as advertising networks and analytics service providers, may collect anonymous information automatically through the use of “cookies” and similar technology. The service providers also may collect information about your online activities over time and on other websites or apps. Cookies are small pieces of information that are stored by your browser on your computer’s hard drive to collect information about your activities on our Website.
Internal and Service-Related Usage. Wildflower + Co. will use information, including Personal Information, for internal, administrative, and service-related purposes. We may use and retain any data we collect to provide and improve our services. For example, we use Personal Information submitted by customers to process and complete the customer’s order, including for shipping and billing purposes.
Communications - We use a customer’s name, mailing address, email address and telephone number for the following limited purposes:
- Sending emails for informational and operational purposes, such as account management or system maintenance;
- Monitoring and ensuring customer satisfaction, including troubleshooting problems and resolving issues;
- Keeping you informed of new products, promotions, and other news
- Sending you Wildflower + Co. newsletters. If you would like to unsubscribe from our email list, please contact us at email@example.com
Aggregate Data. We may anonymize and aggregate data collected through the Service and use it for any purpose. For example, we may aggregate usage and transaction information to provide product recommendations to Website users.
We may share your information in the following ways:
Vendors and Service Providers. We want to provide you with excellent service and make your Wildflower + Co. experience as seamless as possible. We share information, including nonpublic Personal Information, with trusted third parties that perform services on our behalf so we can provide and improve our services. For example, our site is hosted by a trusted, third party and various features are provided by trusted third party services.
As Required By Law and Similar Disclosures. We may disclose collected Personal Information, if we believe doing so is required or appropriate to comply with law enforcement, request or court.
Corporate Changes. We reserve the right to transfer Personal Information in the event of a merger, sale or other corporate changes.
We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes. We may share anonymous information for marketing and advertising purposes.
We respect children’s privacy. We do not knowingly or intentionally collect or maintain Personal Information from children under age 13, and no part of the Service is directed to children under the age of 13. IF YOU ARE UNDER THE AGE OF 13, PLEASE DO NOT USE THIS WEBSITE UNLESS WITH A PARENT OR GUARDIAN. Parents and guardians should be aware that there are parental control tools available that can be used to restrict children’s usage of unauthorized websites.
SECURE SHOPPING & INFORMATION SECURITY
Unfortunately, the Internet cannot be guaranteed to be 100% secure. As such, you acknowledge that there are security and privacy limitations of the Internet which are beyond our control and when you transfer any information to us, you do so at your own risk. We do not accept liability for unintentional disclosure.
Please note that email is not encrypted and is not considered a secure means of transmitting credit card numbers. We will never ask for sensitive information via email.
By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you.
UPDATING YOUR INFORMATION
If you created an account with us, you can easily review, correct, or delete your Personal Information including name, address, email address, telephone number & birthday by logging onto www.wildflower.co & logging into your account.
You may also unsubscribe from our email list by contacting us at firstname.lastname@example.org. We will remove your name from our email list within a reasonable period of time. Please be aware that you may receive another email before we are able to remove you.
You acknowledge that Wildflower + Co. is principally located in the United States and, accordingly, your information may be transferred to, processed, and stored in the United States and that the U.S. government, courts or law enforcement agencies may be able to obtain disclosure of your information through lawful means in the U.S.
If you have questions about this Policy, please contact us at email@example.com , or by mail, Wildflower + Co., Inc., Attn: Privacy Administrator, 67 35th St., Suite B508 – Brooklyn, NY 11232.
Last updated June 2015
MEMBER ACCOUNTS, PASSWORD AND SECURITY
Once registered you will receive a password and account designation upon completing our registration process. 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 agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss or damage to you or anyone else arising from your failure to comply with this rule.
Wildflower + Co. reserves the right to revoke or prohibit your membership for any reason at any time. The site is for use by individuals 13 or older. By registering for and using the site you agree you are of legal age.
USE OF THE SITE
Products’ and Services’ Descriptions and Specifications. Wildflower + Co. attempts to be as accurate as possible when describing products and services on the Site. However, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Color accuracy cannot be guaranteed due in part to everyone’s computer monitor being different. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). If a product or service we offer is not as described, your sole remedy is to return the product in unused condition subject to the terms of our Return Policy.
Pricing. The list prices displayed for products and services on the Service represent the full retail prices, excluding taxes and applicable fees, and are subject to change at any time without notice. Despite our best efforts, list and sale prices may be incorrect. We reserve the right to correct, at any time, any pricing errors. If a product or service's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Availability. Availability of a product or service may change without notice. We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event, promotion, or activity at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available.
Accepting an Order. We may limit the acceptance of orders to particular jurisdictions and as permitted by applicable law. While we try to confirm orders by email, your receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. The shipment of the products shall be the sole evidence of our acceptance of your order. We reserve the right, without prior notice, to limit the order quantity of any product or service and to refuse service to you. We also may verify information before we accept or ship any order.
Cancellation and Return Policy. You may cancel or return your purchase according to our Return Policy.
Risk of Shipping Loss. All items purchased from Wildflower + Co. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the shipping carrier.
Promotions. We and third parties on our behalf may run promotions, including sweepstakes and contests. The specific rules and regulations governing promotions will vary, and your participation constitutes your agreement to abide by those rules and regulations.
TRANSACTIONS AND PAYMENTS
You Agree To Pay Wildflower + Co. for Purchases on the Site. You agree to pay for the purchases you agree to make through the Site. You agree that Wildflower + Co. may charge your selected payment method, such as a credit card, either directly or through the services of a third-party payment processor. If non-payment occurs due to a failed credit card transaction and is not remedied within seven days after we send you notice of non-payment, then we may terminate the applicable purchase.
Pre-Authorization. When you provide a credit card number to pay for a purchase on the Service, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase. This pre-authorization will verify the credit card is valid and/or has the necessary funds or credit available to cover your required payment. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
Third-Party Payment Processors. Wildflower + Co. currently uses third-party payment processors for electronic commerce. Our payment processors and the payment methods they accept may change without notice. Our third-party e-commerce payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards. By using such third-party payment processors, you agree to their terms and conditions of use. Such third parties may charge fees to process payments. We may pay certain fees at our sole discretion. Wildflower + Co. disclaims all liability with regards to any fees or problems you have with third-party payment processors.
Notice of Failed Payment. If any fee cannot be charged to your credit card for any reason, we may contact you to update your payment information. If such non-payment is not remedied within seven days after receiving such notice of non-payment, then we may terminate the applicable purchase.
Taxes and Fees. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges.
Currency. All transactions through the Site are in U.S. dollars.
All Content on the Site that are created or provided by Wildflower + Co., including, but limited to, text, graphics, logos, icons, images, videos, code, and other content (including Submissions as defined in below “Submissions” section) are the property of Wildflower + Co. or our licensors, and are protected by United States and international intellectual property laws. The compilation of all the content on this Site is the exclusive property of Wildflower + Co. and is also protected by United States and international intellectual property laws. The trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on this Service are our registered and unregistered Trademarks and the Trademarks of our licensors and are protected under trademark and other laws. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. View our Copyright Policy here.
You may download, view, copy, and print the materials on this Site for personal or internal business use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright or other intellectual property notices. Except as provided above and in our Angel Policy, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site.
Wildflower + Co. respects the intellectual property of others, and we ask our users to do the same. Wildflower + Co. may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who violate these rights. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2) a description of the copyrighted work or other intellectual property that you claim has been infringed; 3) a description of where the material that you claim is infringing is located on the site; 4) your address, telephone number, and email address; 5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent c/o Wildflower + Co. – 67 35th St, Suite B508 – Brooklyn, NY 11232
By email: firstname.lastname@example.org
LINKS TO THIRD PARTY WEBSITES
The Site may contain links to other third party websites. Wildflower + Co. has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such links do not necessarily constitute an approval or endorsement of, or any representation regarding, the linked website, its content, its owner, its performance, or its owner’s products or services.
USER SUBMITTED CONTENT AND OTHER SUBMISSIONS
You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of spam, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and we assume no liability for any User Content submitted by you.
For any User Content you submit, you grant to Wildflower + Co. a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. You understand and agree that you will not obtain, as a result of your use of the Service, any right, title, or interest in or to such content delivered via the Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Wildflower + Co. the right to include the name provided along with the User Content submitted by you; provided, however, Wildflower + Co. shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Wildflower + Co. is neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Wildflower + Co. will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Wildflower + Co.
This license will continue even after you stop using the Service. You also hereby grant each user of the Service a non-exclusive license to access your Submissions through the Service and third party social media sites, such as Facebook and Instagram.
Removal of User Content. We reserve the right, but disclaim any obligation or responsibility, to (a) monitor or review User Content; (b) refuse to post or communicate or remove any User Content from the Service for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service; and (c) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms and/or protect the safety or security of any person or property, including the Service. Moreover, we retain all rights to remove User Content at any time for any reason or no reason whatsoever.
RULES OF CONDUCT
The following Rules of Conduct apply to the Service. You agree to use the Service only for its intended purpose and in an authorized manner. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. By using the Service, you agree that you will not upload, post, or otherwise distribute to the Service any Submission that:
- (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- attempts to or interferes with, harms, reverse engineers, steals from, or gains unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service;
- sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;
- accesses the Service from a jurisdiction where it is illegal or unauthorized;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
- infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- is commercial, business related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Service or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Service; or
Some services on this Service permit or require you to create an account to participate in or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.
Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You also agree to promptly notify us at email@example.com of any unauthorized use of your username, password, other account information, or any other compromise of your credentials or account that you become aware of involving or relating to this Service. You will be solely responsible for the losses incurred by Wildflower + Co. and others due to any unauthorized use of your account.
You agree to receive email from us at the email address you provided to us for customer service related to the Services. We may send you email communications when you have opted to receive them. We may also send you special offers based on your selected interests. You may opt not to receive such promotional emails from us at any time by clicking on the unsubscribe link in each email or emailing us at firstname.lastname@example.org. By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you.
Wildflower + Co. is committed to children’s safety. Children under the age of 13 may not register for the Site. No part of the Site or Service is directed to children under the age of 13. Additionally, as a reminder, Wildflower + Co. products are not intended for use by children under the age of 13. IF YOU ARE UNDER THE AGE OF 13, PLEASE DO NOT USE THIS WEBSITE UNLESS WITH A PARENT OR GUARDIAN. Parents and guardians should be aware that there are parental control tools available that can be used to restrict children’s usage of unauthorized websites.
This Service may run sweepstakes, contests, challenges or other promotions that require you to send material or Personal Information. Such promotions offered via the Website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your Personal Information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
“Released Parties” include Wildflower + Co. and its affiliates, subsidiaries, officers, directors, shareholders, employees, agents, partners, artists, licensors, licensees, resellers and distributors. Released Parties are not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to any part of our Service or Site.
You expressly understand and agree that: Your use of the Service and any Products or Services made available on or through the Service is at your sole risk, and any products or services made available on or through the Service are provided on as “As Is” and “As Available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, availability, security, compatibility, or non-infringement. Wildflower + Co. does not warrant that: the information on this Site is free of errors, the functions contained on this Site will be uninterrupted or free of errors, defects will be corrected, or this Site or the servers that make it available are free of viruses or other harmful components. To the fullest extent permissible pursuant to applicable law, Released Parties disclaim all warranties, express or implied. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
You hereby irrevocably waive any claim against Released Parties with respect to the Service including any content you provide to third party services (including credit card or other Personal Information).
Released parties may improve, suspend, or change the products and services described in this service at any time without notice or liability.
LIMITATION OF LIABILITIES
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL RELEASED PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SERVICE, CONTENT, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICE OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (E) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL COLLECTIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SERVICE EXCEED THE AMOUNT PAID BY YOU TO USE THE SERVICE, IF ANY, OR $100 (WHICHEVER IS LESS). MOREOVER, UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SERVICE OR CHANGE THE SERVICE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
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 IN THIS PARAGRAPH MAY NOT APPLY TO YOU. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNITY. You agree to defend, indemnify, and hold harmless Wildflower + Co., including all Released Parties, from and against any claims, actions, or demands, including without limitation reasonable legal fees, alleging or resulting from your violation of the Terms of Service, from any third party claims, use of or reliance on any third-party content, your use of or reliance on any Wildflower + Co. Content. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
GOVERNING LAW AND JURISDICTION
This Service is created and controlled by us in the State of New York. The laws of the State of New York govern these Terms, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms or the Service shall be filed, and that venue properly lies, only in the State or Federal courts located in New York or Kings County, State of New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding anything to the contrary in this paragraph, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
You acknowledge that Wildflower + Co. is principally located in the United States and, accordingly, your information may be transferred to, processed, and stored in the United States and that the U.S. government, courts or law enforcement agencies may be able to obtain disclosure of your information through lawful means in the U.S. Additionally, we make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you choose to export any purchased goods, you are aware that all goods or services licensed or sold on the Site are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received.
These Terms of Service shall be governed by and construed under the laws of the State of New York, without regard to its conflicts of laws principles. Except as set forth in the "Equitable Relief" provision of these Terms of Service, the sole jurisdiction and venue of any action related to these Terms of Service shall be the New York state courts and the United States federal courts in New York or Kings County, New York, and you agree to submit to personal and exclusive jurisdiction of these courts.
UNAVAILABILITY OF SITE; TERMINATION; FRAUD
By mail: Wildflower + Co., Attn: Legal Dept., 67 35th St, Suite B508 – Brooklyn, NY 11232
By email: email@example.com
Last Updated June 15, 2015