1. GENERAL
aoyamaflowermarket.net, ("AFM") provides services through its websites, programs and computer servers, including but not limited to email forwarding. (All such services are referred to collectively herein as "aoyamaflowermarket.net.") By accessing or using aoyamaflowermarket.net, you are a "user" and you accept and agree to the terms below (the "Terms of Use" or "TOU") as a legal contract between you and AFM. The TOU include and incorporate additional terms ("guidelines") applicable to particular categories or services available on aoyamaflowermarket.net as set forth to users upon access to such categories or services. AFM may post changes to the TOU at any time, and any such changes will be applicable to all subsequent access to or use of aoyamaflowermarket.net.
If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of aoyamaflowermarket.net, in which case any continuing access or use of aoyamaflowermarket.net is unauthorized.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on aoyamaflowermarket.net.
aoyamaflowermarket.net is intended and designed for users 13 years of age and older, and access or use by anyone younger is not authorized.
The TOU grant you a limited, revocable, nonexclusive license to access aoyamaflowermarket.net and use aoyamaflowermarket.net, in whole or in part, including but not limited to AFM intellectual card therein, solely in compliance with the TOU.
2. CONTENT AND CONDUCT
AFM does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit.
Content prohibited from aoyamaflowermarket.net includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via aoyamaflowermarket.net); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to aoyamaflowermarket.net would violate these TOU or AFM’s other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on aoyamaflowermarket.net and all such prohibitions are expressly incorporated into these TOU as stated in section 1 above.
You automatically grant and assign to AFM, and you represent and warrant that you have the right to grant and assign to AFM, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to AFM all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
You agree to indemnify and hold AFM and AFM Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); © your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by AFM or AFM Representatives.
3. UNAUTHORIZED ACCESS AND ACTIVITIES
This section 3 applies to all uses and users of aoyamaflowermarket.net, unless AFM has specifically authorized an exception to a particular term for a particular user in a written agreement. AFM has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 3.
To maintain the integrity and functionality of aoyamaflowermarket.net for its users, access to aoyamaflowermarket.net and/or activities related to aoyamaflowermarket.net that are harmful to, inconsistent with or disruptive of aoyamaflowermarket.net and/or its users’ beneficial use and enjoyment of aoyamaflowermarket.net are expressly unauthorized and prohibited. For example, without limitation:
The collection of aoyamaflowermarket.net users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
Any copying, aggregation, display, distribution, performance or derivative use of aoyamaflowermarket.net or any content posted on aoyamaflowermarket.net whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access aoyamaflowermarket.net without individual written agreements executed with AFM that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant aoyamaflowermarket.net website, service, forum or content; (b) they access aoyamaflowermarket.net from a stable IP address using an easily identifiable agent; and © they comply with AFM’s robots.txt file; provided however, that AFM may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access aoyamaflowermarket.net without their own written agreement executed with AFM), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.
Any access to or use of aoyamaflowermarket.net to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with aoyamaflowermarket.net (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
If you access aoyamaflowermarket.net or copy, display, distribute, perform or create derivative works from aoyamaflowermarket.net webpages or other AFM intellectual card in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on aoyamaflowermarket.net or any provision of the TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of aoyamaflowermarket.net webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of AFM pursuant to 17 U.S.C. § 1201.
Any effort to decompile, disassemble or reverse engineer all or any part of aoyamaflowermarket.net in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
Any activities (including but not limited to posting voluminous content) that are inconsistent with use of aoyamaflowermarket.net in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of aoyamaflowermarket.net in any manner are expressly prohibited.
Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOU.
4. DISCLAIMERS
YOUR ACCESS TO, USE OF AND RELIANCE ON aoyamaflowermarket.net AND CONTENT ACCESSED THROUGH aoyamaflowermarket.net IS ENTIRELY AT YOUR OWN RISK. aoyamaflowermarket.net (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, AFM ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF aoyamaflowermarket.net AND CONTENT ACCESSED THROUGH aoyamaflowermarket.net; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF aoyamaflowermarket.net OR CONTENT ACCESSED THROUGH aoyamaflowermarket.net; © ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF aoyamaflowermarket.net OR CONTENT ACCESSED THROUGH aoyamaflowermarket.net (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON aoyamaflowermarket.net OR IN CONTENT).
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
5. LIMITATIONS OF LIABILITY
AFM AND THE AFM REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON aoyamaflowermarket.net OR CONTENT ACCESSED THROUGH aoyamaflowermarket.net BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO aoyamaflowermarket.net OR CONTENT ACCESSED THROUGH aoyamaflowermarket.net, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF AFM OR ANY AFM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF aoyamaflowermarket.net OR CONTENT ACCESSED THROUGH aoyamaflowermarket.net; ANY INABILITY TO ACCESS OR USE aoyamaflowermarket.net OR CONTENT ACCESSED THROUGH aoyamaflowermarket.net; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF aoyamaflowermarket.net OR CONTENT ACCESSED THROUGH aoyamaflowermarket.net.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF aoyamaflowermarket.net OR CONTENT ACCESSED THROUGH aoyamaflowermarket.net (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON aoyamaflowermarket.net AND LINKS IN CONTENT ACCESSED THROUGH aoyamaflowermarket.net).
You hereby release AFM and each of the AFM Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to aoyamaflowermarket.net or content accessed through aoyamaflowermarket.net, or any interactions with others arising out of or related to aoyamaflowermarket.net or content accessed through aoyamaflowermarket.net, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
6. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual card rights (including trademark rights) have been otherwise violated, please follow the directions for written notice at:
www.aoyamaflowermarket.net/contact
7. INJUNCTIVE RELIEF
You acknowledge and agree that any violation or breach of the TOU may cause AFM immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, AFM has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to AFM in law or in equity, AFM may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.
8. DAMAGES
In addition to any injunctive relief, you agree to pay to AFM the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility; EXCEPT you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages to AFM.
Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of AFM’s damages for such violations, and that liquidated damages for violations of the TOU are and will be cumulative.
9. PRIVACY
AFM has established a privacy policy covering the collection, use, and disclosure of user information:
a. Protecting your privacy
- We don’t share your information with third parties for marketing purposes.
- We don’t engage in cross-marketing or link-referral programs with other sites.
- We don’t employ tracking devices for marketing purposes ("cookies", "web beacons," single-pixel gifs).
- We don’t send you unsolicited communications for marketing purposes.
- We don’t publicly show your email, and only registered users can contact you through a form, where the email is still hidden, to reduce 3rd party harvesting & spam.
- aoyamaflowermarket.net may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited.
b. Data we collect
We sometimes collect your email address, for purposes such as sending self-publishing emails
Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, to administer the aoyamaflowermarket.net site, and to otherwise provide our service to you.
c. Data we store
Our web logs and other records are stored for a period of 3 months.
Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security.
f. International Users
By visiting our web site and providing us with data, you acknowledge and agree that due to the international dimension of aoyamaflowermarket.net we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such data may be stored on servers located in France. By providing us with your data, you consent to the transfer of such data.
10. MISCELLANEOUS
These TOU constitute the entire agreement between you and AFM and supersede any prior written or oral agreement. Other than the AFM Representatives (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU.
Any and all claims, causes of action or disputes (regardless of theory) between you and AFM arising out of or related to the TOU, aoyamaflowermarket.net or content accessed through aoyamaflowermarket.net shall be governed by the laws of the State of California without regard to conflict or choice of law principles. You and AFM agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the county of San Francisco, California, and you and AFM agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect.
Pour les personnes morales :
Le site Aoyama Flower Market (www.aoyamaflowermarket.net.net) est édité par la société PARK CORPORATION, société étrangère immatriculée au registre du commerce (RCS Paris B 810 087 783), au capital de 20 000 000 Yen, et dont le siège social est situé 5-1-2-5 MINAMI-AOYAMA, MINATO-KU, TOKYO, JAPON.
Pour les personnes physiques :
Le site Aoyama Flower Market (www.aoyamaflowermarket.net.net) est édité par Tomoji HAKUNO (directeur de la publication), domicilié au 96 RUE DU BAC, 75007 PARIS, FRANCE.
contact@aoyamaflowermarket.net.net
01 43 25 24 74
Hosting provider
OVH
SAS au capital de 10 069 020 €
RCS Lille Métropole 424 761 419 00045
Code APE 2620Z
N° TVA : FR 22 424 761 419
Siège social : 2 rue Kellermann - 59100 Roubaix - France