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GLORIOUSKREATIONS.COM

TERMS OF USE

Effective from December 26, 2020

OUR PURPOSE

Our services offer our users information about our services, access to helpful resources intended for use in keeping their event details organized, and the ability to contact our team members to contract event and/or floral services.

LEGAL AGREEMENT

This website is owned and operated by Glorious Kreations. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

The Glorious Kreations Terms constitute a binding and enforceable legal contract between Kimberly Gibson & Samantha Knutson DBA Glorious Kreations and its affiliated companies and subsidiaries worldwide (“Glorious Kreations”, “us” or “we”) and you in relation to the use of any Glorious Kreations' Website - so please read them carefully.

You may visit and/or use the Glorious Kreations website only if you fully agree to the Glorious Kreations Terms - and by using and/or registering to any of the Glorious Kreations' Website, you signify and affirm your informed consent to these Terms of Use and any other Glorious Kreations Terms applicable to your use of any Glorious Kreations' Website. If you do not read, fully understand, and agree to the Glorious Kreations Terms, you must immediately leave the Glorious Kreations Website and avoid or discontinue all use of the Glorious Kreations' Website.

By using our Website, you acknowledge that you have read our Privacy Policy available at http://www.gloriouskreations.com/privacy-policy (“Privacy Policy”).

YOUR OBLIGATIONS

YOU REPRESENT AND WARRANT THAT:

  1. you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Glorious Kreations Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Glorious Kreations Terms;

  2. you are not a resident of (or will use the Glorious Kreations Website in) a country that the U.S. government has embargoed for use of the Glorious Kreations, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;

  3. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;

  4. you understand that Glorious Kreations does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

YOU UNDERTAKE AND AGREE TO:

  1. fully comply with all applicable laws and any other contractual terms which govern your use of the Glorious Kreations Website (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;

  2. receive from time to time promotional messages and materials from Glorious Kreations or its partners, by mail, e-mail, or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;

  3. allow Glorious Kreations to use in perpetuity, worldwide and free of charge, any version of your event photography - in which any Glorious Kreations' team member was a part of the planning, coordination, and/or execution of - and/or your likeness (or any part thereof) for any of Glorious Kreations' marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Glorious Kreations or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have with respect to such limited permitted uses;

  4. Glorious Kreations' sole discretion as to the means, manner, and method for performing any Glorious Kreations services, including those regarding the planning, coordination, execution, decoration, assistance, and/or floral arrangement design of any event (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

YOU UNDERTAKE AND AGREE NOT TO:

  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Glorious Kreations Website, Glorious Kreations' Services (or any part thereof), any Content offered by Glorious Kreations or Third Party Services and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Glorious Kreations' prior written and specific consent and/or as expressly permitted under the Glorious Kreations' Terms;

  2. use any “robot”, “spider” or other automatic devices, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Glorious Kreations' Website (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Glorious Kreations' Website to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Glorious Kreations' Website;

  3. act in a manner which might be perceived as damaging to Glorious Kreations' reputation and goodwill or which may bring Glorious Kreations into disrepute or harm;

  4. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Glorious Kreations or Glorious Kreations' Marks and/or variations and misspellings thereof;

  5. impersonate any person or entity or provide false information on the Glorious Kreations' Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Glorious Kreations and/or any End Users;

  6. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Glorious Kreations' or any third party endorses you, your event, your business, or any statement you make;

  7. reverse lookup, trace, or seek to trace another User of Glorious Kreations' Website and/or Glorious Kreations' Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Glorious Kreations' Website Services without their express and informed consent;

  8. probe, scan, or test the vulnerability of the Glorious Kreations' Website or any network connected to the Glorious Kreations' Website;

  9. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Glorious Kreations' Website and/or Licensed Content; or

  10. violate, attempt to violate, or otherwise, fail to comply with any of the Glorious Kreations' Terms or any laws or requirements applicable to your use of the Glorious Kreations' Services.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services. 

DISCLAIMER OF WARRANTIES

We provide the Glorious Kreations' Website and Glorious Kreations' Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Glorious Kreations' Website and Glorious Kreations' Services – so please be sure to verify those before using or otherwise engaging them.

 

Glorious Kreations may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or analyze any User's session activity on the Glorious Kreations' Website, at any time and for any reason, with or without notice.

 

You acknowledge that there are risks in using the Glorious Kreations' Website and Glorious Kreations' Services and/or connecting and/or dealing with any Third Party Services through or in connection with Glorious Kreations' Services, and that Glorious Kreations cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

GENERAL

CHANGES AND UPDATES OFFERINGS

We may, without prior notice, change the Services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

CHANGES AND UPDATES TO TERMS

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

COPYRIGHTS

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Glorious Kreations. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

PROMOTIONAL EMAILS

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Glorious Kreations, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Glorious Kreations assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
 

INDEMNIFICATION

You agree to indemnify and hold Glorious Kreations harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

GOVERNING LAW

LAW & DISPUTE RESOLUTION

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of California, United States, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in San Bernardino. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

FOR QUESTIONS, CONTACT US

If you have any questions, you are invited to contact us at hello@gloriouskreations.com

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