My Cherry Blossoms User Agreement
February 10th, 2006
This User Agreement (or "Agreement") is a legal agreement between you and My Cherry Blossoms, ("My Cherry Blossoms" or "us") governing your participation on the My Cherry Blossoms site, which are referred to collectively as the "My Cherry Blossoms." By using, accessing or registering as a member of the My Cherry Blossoms , you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the My Cherry Blossoms .
We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on the My Cherry Blossoms , which take effect when we post them. By continuing to access or use the My Cherry Blossoms after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.
A Note About Minors
The My Cherry Blossoms is not targeted towards, nor intended for use by anyone under the age of 18. By using the My Cherry Blossoms , you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the My Cherry Blossoms . We reserve the right to terminate your membership in the event that My Cherry Blossoms becomes aware you are under 18.
You may become a "Member" of the My Cherry Blossoms , which may grant you additional privileges, by completing the membership application form. Becoming a Member allows you to post content on the My Cherry Blossoms . You agree as a condition of use and membership that we may contact you for the purpose of informing you of changes to this Agreement or describing new services available on the My Cherry Blossoms . You are responsible for safeguarding the password that you use to access any secure areas of the My Cherry Blossoms . You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify My Cherry Blossoms of any unauthorized use of your password.
My Cherry Blossoms provides a number of different services to assist you in comparison shopping for products. My Cherry Blossoms provides information regarding products and third party merchants, and links to third party merchants that are selling listed products. My Cherry Blossoms is paid by merchants or other third parties to list products on the My Cherry Blossoms .
My Cherry Blossoms does not warrant that product descriptions, pricing, editorial commentary or any other content of the My Cherry Blossoms , regardless of its source, is accurate, complete, reliable, current or error-free. My Cherry Blossoms content is provided for informational purposes only and does not constitute an endorsement by My Cherry Blossoms of any product, merchant, seller or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). My Cherry Blossoms assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, user product rating) or other content on the My Cherry Blossoms .
In general, sales taxes and shipping costs are estimates based on the geographical location of your IP address. You should provide your actual post code (zip code) if you would like to improve the accuracy of the sales tax and shipping cost estimates. Please check with merchants for exact shipping costs.
Consumer reviews and ratings on the My Cherry Blossoms are from our members who have elected to post a review on the My Cherry Blossoms . As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction.
Participating merchants and other third parties may pay My Cherry Blossoms to be presented on the My Cherry Blossoms or to have their product or service offerings placed higher in our search results, and may also purchase research from My Cherry Blossoms, but in no event do such payments affect the reviews or ratings given to any merchant by participating members.
You may download, view and print a single copy of any other content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to the My Cherry Blossoms , and any other content appearing on the My Cherry Blossoms , will remain the exclusive property of My Cherry Blossoms and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the My Cherry Blossoms , or any other content appearing on the My Cherry Blossoms . You may not copy or modify the HTML code used to generate web pages on the My Cherry Blossoms . You may not use the My Cherry Blossoms , or any other content appearing on the My Cherry Blossoms , on or in connection with any other website, for any purpose.
By contributing or submitting any content to the My Cherry Blossoms , you warrant that you are the author and owner of the intellectual property rights there to, and you grant My Cherry Blossoms a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of My Cherry Blossoms, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. My Cherry Blossoms reserves the right to change, condense or delete any content on the My Cherry Blossoms that My Cherry Blossoms deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other web sites, addresses, email addresses, contact information or phone numbers;
- Or that contains any computer viruses, worms or other potentially damaging computer programs or files.
You retain all ownership rights to information, text, graphics, or
other materials you publish on the My Cherry Blossoms . However,
we can reproduce, publish and distribute all or teaser portions of your
content online and offline and permit others to do the same. You can
edit or remove your content from the My Cherry Blossoms at any
time; but if we have distributed your content to others, we may be
unable to require them to make the same changes. We ask that you refer
or provide links to the My Cherry Blossoms if you choose to
republish your content elsewhere and that you do not publish the same
items of content on both the My Cherry Blossoms and other product
or price comparison sites.
All content available on the My Cherry Blossoms , including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by My Cherry Blossoms, with all rights reserved, or is the property of My Cherry Blossoms or third parties protected by intellectual property rights. My Cherry Blossoms s service marks/trademarks may not be used in connection with any product or service that is not provided by the My Cherry Blossoms , in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits My Cherry Blossoms. If you believe content on the My Cherry Blossoms infringes your copyright, you should send notice of copyright infringement to My Cherry Blossoms . Your notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:
1. An identification of the copyrighted work claimed to have been infringed
2. An identification of the material that you claim is infringing so that we may locate it on the site
3. Your address, telephone number and email address
4. 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
5. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved
6. Your signature
The notice should be mailed to:
My Cherry Blossoms
59 Bamboo Avenue
Upon receipt of notice as described above, My Cherry Blossoms will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the My Cherry Blossoms .
My Cherry Blossoms is not in a position to arbitrate trademark disputes between the advertisers on the My Cherry Blossoms and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, My Cherry Blossoms does not control and assumes no responsibility for content that appears on a third party s website that may be accessed via the My Cherry Blossoms , and trademark owners should contact third party sites directly to resolve trademark disputes. As a courtesy to federally registered trademark owners, however, we are willing to perform a limited investigation of reasonable complaints. If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on the My Cherry Blossoms that is consistent with the foregoing, or you believe that we have improperly used your registered trademark to promote the My Cherry Blossoms on a third party website, please provide the following information in a signed letter on company stationery:
1. Name of Company
2. Contact information (including email address)
3. List of registered trademark(s) at issue including a copy of each relevant federal trademark registration certificate(s)
4. The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). Please indicate if your complaint is limited to specific advertisers/advertisements or if it is a general objection to all advertisers.
5. If certain affiliates or partners are permitted to use your trademark in their ad content, please list the company names in your letter.
6. Include the following statement: "I have a good faith belief that use of the trademarks described above with the advertisements described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law."
7. Include the following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner."
8. Your signature
Please send this written communication with the above information to the following address:
My Cherry Blossoms
59 Bamboo Avenue
Upon receipt of notice as described above, My Cherry Blossoms will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the My Cherry Blossoms . In the event that the challenged content has been provided to My Cherry Blossoms by a third party and in My Cherry Blossoms s sole discretion, it concludes that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner s federal registration, My Cherry Blossoms will provide to notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, My Cherry Blossoms will not remove the content.
Notwithstanding the foregoing, My Cherry Blossoms will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.
You can cancel your account at any time by contacting Customer Support. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement). My Cherry Blossoms may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination of your account for any reason (including inactivity), (1) at their sole option, My Cherry Blossoms and its licensees may continue or stop publicly displaying some or all of your content, and (2) all of your existing credits automatically expire, and no new credits will accrue.
You agree to comply with Site Rules, which are incorporated into this Agreement, and with all laws and regulations applicable to your access and use of the My Cherry Blossoms and publishing your content. You may not harvest personal data (including email addresses) from the My Cherry Blossoms , and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that My Cherry Blossoms has no obligation to monitor your access to or use of the My Cherry Blossoms , but has the right to do so for the purpose of operating the My Cherry Blossoms , to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the My Cherry Blossoms or collect information from it.
By choosing to use the My Cherry Blossoms , you agree to indemnify My Cherry Blossoms, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney s fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through the My Cherry Blossoms ; or of your use of or connection to the My Cherry Blossoms ; your violation of the User Agreement; or, your violation of any rights of another.
Because we are a venue, in the event that you have a dispute with one or more users of the My Cherry Blossoms , you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge My Cherry Blossoms, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section. 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. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.
My Cherry Blossoms AND ITS SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH My Cherry Blossoms AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT, WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, without regard to its conflict of laws principles, as if formed by between Queensland residents.. Any claim arising out of or relating to this Agreement or the My Cherry Blossoms shall be settled by binding arbitration in Gold Coast, Queensland , Australian accordance with the Australian arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another partys claim.. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator s award shall not be appealable or reviewable except as permitted by Queensland law. However, (a) each of us may seek interim relief from a Gold Coast, Queensland court to protect the party s rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
Disclaimer of Warranties
THE My Cherry Blossoms AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. The My Cherry Blossoms may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the My Cherry Blossoms , including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold My Cherry Blossoms liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the My Cherry Blossoms . In addition, My Cherry Blossoms does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by My Cherry Blossoms, in its sole discretion, to a third party. You may not assign your obligations to another entity.
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with the My Cherry Blossoms . Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by My Cherry Blossoms.