Terms and Conditions

Terms of Use

 

Effective Date: March 2014

Last Revised: March 2014

 

THIS TERMS OF USE AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.

 

1. General. Thank you for visiting the PERSONAL CREATIONS BLOG. FTD Companies, Inc. and its affiliates (“FTD”) owns and operates this blog at www.personalcreations.com/blog (“Blog”). Your use of this Blog and any of its information, content and services available through this Blog are subject to these terms and conditions (“Terms of Use”) and the Privacy Statement.

 

These Terms of Use are current as of the Effective Date and was last revised as of the date set forth above. We reserve the right to change these Terms of Use from time to time. Please consult this portion of the Blog for important changes to the Terms of Use as FTD may, at any time, and without notice, revise these Terms of Use by updating this posting.

 

Please read these Terms of Use carefully. By accessing or using the Blog, you are bound by these Terms of Use and any revisions; you should therefore periodically visit this page to review the current Terms of Use. Access or use of the Blog following any change to the Terms of Use constitutes your agreement to those changes. If at any time you choose not to accept the terms of these Terms of Use, you should not access or use this Blog.

 

FTD may, at its sole discretion, and at any time, discontinue this Blog or any part thereof, with or without notice, or may prevent your use of this Blog (and any of its content) with or without notice to you. You agree that you do not have any rights in this Blog and that FTD will have no liability to you if this Blog is discontinued or your ability to access the Blog or any content you may have posted on the Blog is terminated.

 

2. Authorized Users. You affirm that you are 13 years of age or older. If you are under 13 years of age, you may not access or use the Blog absent the consent of a parent or guardian. Subject to these Terms of Use, you may not access or use the Blog if you are unable to form a legal binding agreement with FTD.

 

3. Legal Notices. We post legal notices on pages of the Blog. You shall not remove these notices or credits, or any additional information contained along with the notices and credits. The Blog may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of FTD or other parties. No license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights of FTD is granted to or conferred upon you.

 

4. FTD Content. Content on this Blog that is provided by FTD, its employees or its licensors, including original art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“FTD Content”) is the property of FTD and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

 

You are authorized to access and use the Blog and related FTD Content; provided that: (a) your use of the Blog and FTD Content as permitted hereunder is solely for your personal, non-commercial use; (b) you will not copy, distribute or transfer any portion of the Blog or FTD Content on any media without FTD’s prior written or electronic approval; (c) you will not alter, adapt or otherwise modify any part of the Blog or FTD Content other than as may be reasonably necessary to use that part of the Blog or FTD Content for its intended purpose; and (d) you will otherwise comply in full with these Terms of Use.

 

5. User Content. The Blog may now or in the future permit the submission of text, files, images, photos, video, sounds, musical works, works of authorship, text postings, and other materials and content including your name and any information that you submit (“User Content”) by you and other users on certain areas of our Blog.

 

The nature of this Blog is interactive and public. To the extent allowed, by posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary and may be preserved or disclosed by FTD at our discretion.

 

You shall be solely responsible for any User Content you submit and the consequences of posting or publishing it. With respect to any User Content you submit, you affirm, represent and warrant that: (a) you own or have the necessary licenses, rights, consents or permissions to use and authorize FTD to use all patent, copyright, trade secret and trademark rights or other proprietary rights to enable inclusion and use of User Content in the manner contemplated by the Blog and these Terms of Use; and (b) you have the written consent, release or permission of each identifiable individual person in your User Content to use the name, likeness or other personal characteristics of each such identifiable individual to enable inclusion and use of such User Content in the manner contemplated by the Blog and these Terms of Use.

 

As between you and FTD, you shall retain all of your ownership rights in and to the User Content you provide through our Blog. However, by submitting User Content to FTD, you hereby grant FTD a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sublicensable and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television, radio or any other uses or media) the User Content, in whole or in part, including future rights that FTD (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law.

 

You also hereby grant each user of the Blog a non-exclusive license to access your User Content through the Blog, and to use, access, reproduce, distribute, transmit, forward, display and perform such User Content, in whole or in part, to the extent permitted by the Blog under these Terms of Use (the “User License”). This User License granted by you will terminate as to your User Content once you remove or delete the particular User Content from the Blog. In addition, FTD will have the right to refuse, remove or delete any User Content which it reasonably considers to violate these Terms of Use or to otherwise be illegal or objectionable.

 

6. Social Media Campaigns. FTD may conduct campaigns, contests and sweepstakes through our various social media channels and, as part of those campaigns, contests and sweepstakes, we may solicit responses and submissions from you using various popular social media mechanisms used to indicate that you are responding to FTD. For example, you may respond on Facebook, Twitter or Instragram with a #iheartpc or direct your reply to @pcgifts. By directing those responses and submissions to FTD, such responses and submissions are considered User Content under these Terms of Use – and, in addition to the other obligations of Section 5 of the Terms of Use, you agree to grant FTD a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sublicensable and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television, radio or any other uses or media) such User Content, in whole or in part, including future rights that FTD (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law.

 

7. User Content Guidelines. Your posting of User Content is subject to these Terms of Use, any additional terms posted for a specific feature, as well as the following submission rules, to which you agree to adhere through your use of the Blog:
   1. By contributing this content you are affirming that you are 18 years old or more, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with these Terms of Use.
   2. You agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by FTD.
   3. You will not post any content that contains personal information about any other individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including—without limitation—the personnel of FTD.
   4. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content or other content transmitted through the Blog.
   5. You will not misrepresent an affiliation with another person or organization, nor will you post any content that that infringes any copyright, trademark, patent, trade secret, or otherwise subject to intellectual property rights of a third party.
   6. You will not use this Blog to harm minors in any way or to send any content that we deem in our sole discretion to be inappropriate for minors, offensive, or incompatible with the character or subject matter of this Blog.
   7. You will not upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other material that contains business solicitations of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
   8. You will not post any software to the Blog, nor will you post links to online locations or post files that do not comply with these Terms of Use, and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Blog.
   9. You will not modify in any way any specifications, technology, or application codes provided to you by FTD or as embedded in the User Content unless expressly authorized in writing by FTD.
   10. You will not intentionally or unintentionally violate any applicable local, state, national or international law.
   11. You will not collect any personal information about other users.
   12. You will not share or transfer passwords or other access information with any other party, temporarily or permanently as applicable.
   13. You will not use the Blog or any FTD Content in any way that harms any user of FTD.
   14. You will not use the Blog in any manner that could overburden, or impair the Blog (or the networks or systems connected to the Blog.
   15. You may not use any device, software or instrumentality to interfere with the proper working of our Blog or disobey any requirements, procedures, policies or regulations of networks connected to the Blog.
   16. FTD may cancel your account and delete all User Content associated with your account at any time without notice, if FTD deems in its sole discretion that you have violated these Terms of Use, the law, or for any other reason. FTD assumes no liability for any information removed from our Blog, and reserves the right to permanently restrict access to the Blog or a user account.

 

You understand that FTD has the right, but not the obligation or responsibility, to monitor any materials posted, transmitted, or communicated to or within the Blog. If you believe that something on the Blog violates these Terms of Use, please contact Customer Service at https://www.ftd.com/custserv/contact.epl.

 

8. Use of User Content. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

 

9. No Infringing Use. FTD respects the intellectual property of others, and we expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate users of the Blog who infringe or repeatedly infringe the copyrights or other intellectual property rights of FTD or other rights owners.
10. DMCA Notice. If you are a copyright owner or an agent thereof and believe any User Content or other FTD Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to FTD Customer Service at https://www.ftd.com/custserv/contact.epl and include the following information:

 

 

1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.

 

 

 

 

 

 

You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your DMCA notice may not be valid and we may not be able to remove infringing content.

 

You may also send your notification to the following address:

 

FTD Companies, Inc.

3113 Woodcreek Drive

Downers Grove, IL 60515

Attention: Legal Department

Fax: (630) 719-7800

 

11. Mobile Capabilities. The FTD Services may include certain services available via your mobile phone, including, without limitation: (a) the ability to upload to FTD websites or applications via your mobile phone, (b) the ability to receive and reply to messages and to send content and messages using text messaging or push notifications, and (c) the ability to access the FTD Services from your mobile phone (“Mobile Services”). FTD does not charge for Mobile Services unless otherwise noted, however, your carrier’s normal messaging, data and other rates and fees will, however, still apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that we may communicate with you regarding the FTD Services and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us. You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) through the FTD Services to reflect this change.

 

12. Security. You shall not violate or attempt to violate the security of the Blog. Violations of system or network security may result in civil or criminal liability. FTD reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with, law enforcement authorities in prosecuting users who have participated in such violations.

 

13. Communications. With respect to all communications with FTD, including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right to confidentiality in your communications and FTD shall have no obligation to protect your communications from disclosure; (b) FTD shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) FTD shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

 

14. Sweepstakes, Promotions and Contests. We may from time to time offer promotions, contests or sweepstakes. Please note that the particular terms for any such promotions, contests or sweepstakes or other features or activities may differ from the Terms of Use of our Blog. If different or additional terms apply, they will be posted in a manner that makes it clear that such rules or terms apply to the applicable service.

 

15. Privacy. Your privacy is important to us. Our Privacy Statement is incorporated into, subject to and made part of these Terms of Use. To review the FTD Privacy Statement, click here.

 

16. Indemnity. You agree to indemnify and hold FTD and its agents and licensors harmless from any claim or demand, including costs or attorneys’ fees, made by any third party due to or arising out of User Content or other content you submit, post to or transmit through the Blog, your violation of these Terms of Use, or your violation of any rights of another person or entity.

 

17. Binding Arbitration.

(a) General. You and FTD agree that all disputes, controversies and claims related to this Agreement (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail. The arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. The arbitration will be conducted in Chicago, Illinois, unless the parties agree otherwise. You and FTD agree that any arbitration shall be limited to the Claim between FTD and you individually. YOU AND FTD AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

 

(b) Exceptions to Arbitration. You and FTD agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or FTD’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

 

(c) Arbitration Fees. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

 

18. Warranty Disclaimer. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. FTD MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS. ALL SITE INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. FTD DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

 

19. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL FTD BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THESE TERMS OR USE, ACCESS TO, USE OF OR THE OPERATION OF THE BLOG. YOUR SOLE AND EXCLUSIVE REMEDY AND FTD’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE BLOG.

20. Limited Time to Bring Your Claim / Trial by Jury. You and FTD agree that any cause of action arising out of or related to the Blog or any Blog Content must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. To the extent allowed by law, each of you and FTD waive any right to trial by jury in any lawsuit, arbitration or other proceeding.

21. Miscellaneous. Both you and FTD acknowledge and agree that no partnership is formed, and neither of you nor FTD has the power or the authority to obligate or bind the other. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York without regard to conflicts-of-laws principles. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void, or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. If FTD fails to act with respect to your breach or anyone else’s breach on any occasion, FTD is not waiving its right to act with respect to future or similar breaches. These Terms of Use constitute a binding agreement between you and FTD, and are accepted by you as a condition for your use of the Blog or your account. These Terms of Use constitute the entire agreement between you and FTD regarding the use of the Blog and the Blog Content.

 

 

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