Terms of Service
Last updated: March 21, 2021
You should read the following terms ("Terms") carefully because they constitute a binding legal agreement between you and GlobalHyve, LLC ("GlobalHyve", "OneFlowerProject" "we" or other first person pronouns). These Terms govern your use of our websitewww.oneflowerproject.com ("Site"), any OneFlowerProject mobile app(s) ("Apps") and our related services. We will call the Site, Apps and related services collectively, the "Services."
2. Changes to Services or TermsWe can change the Services or the Terms at any time. If we change the Terms, we will post the new version to the Site. Your use of the Services is always subject to the most current version of the Terms.
3. Your Account and Use of the Services
You may be required to create an account to access certain Services. All the information you provide when you create your account must be true, accurate, current and complete. You are responsible for all activity in your account, so please secure and protect your login information and password.
We reserve the right to suspend or terminate your access to your account or the Services at any time for any or no reason, with or without notice, without any liability to us. For example (but without restricting the foregoing general rights), we may suspend or terminate Services if we know or have reason to suspect that you are violating these Terms or you have used the Services in a manner that may cause us liability or disrupt others' use of the Services.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
We reserve the right to update, change or discontinue any or all of the Services at any time.
4. Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services
5. Third Party Products and Services
You may find offers, deals, advertisements, coupons and other offers on the Site ("Offers"). Offers are for products and services provided by third parties (each, a "Seller"), and if you choose to accept an Offer, the transaction will be between you and the Seller.
GlobalHyve accepts no responsibility or liability for products and services provided by third parties (each, a "Seller"). We have affiliate relationships with certain Sellers, and may receive compensation for your purchase from these Sellers and/or other activity you take on Sellers' website. GlobalHyve is not a party to, or in any way responsible for, your transaction with a Seller, including when we have an affiliate relationship with Seller.
Before you purchase a product or service from a Seller, please read the entire description of the offer, including the fine print and any additional terms and conditions set forth on the Seller's website. You are responsible for understanding what you are buying and for following the Seller's instructions. The terms and conditions of your purchase including refund and cancellation policies, are governed by the Seller's policies, not ours. Please contact the Seller directly for questions regarding the purchase or your transaction with Seller.
6. Eligible Users
If you are under 13 years of age, you may not use the Services. If you are 13 or older, but under 18 years of age, you may only use the Services with the consent of your parent or guardian. By registering or using the Services, you hereby represent that you are over 18 years of age or in possession of consent by a legal parent or guardian and have the authority to enter into the Terms.
7. User Generated Content
Between you and GlobalHyve, you own all right, title and interest in any content you provide to us or post on our Site in connection with your use of the Services ("Customer Content").
You hereby grant to GlobalHyve, and you represent and warrant that you have all rights necessary to grant, a royalty-free, non-sublicensable, non-transferable, non-exclusive, worldwide license to use, transmit, distribute, modify, reproduce, publicly display, and create derivative works of any Customer Content for the purposes of:
displaying the Customer Content on the Site;
providing the Services; and
marketing, promoting and advertising the Services.
Any Customer Content you submit may be posted on our Site or otherwise available to the public, so please do not share any personally identifiable information.
We may also publish and display on the Site posts from you and other users on the Site, that have been posted on third party social media sites (e.g., Twitter, instagram) which may be selected based on the hashtags present in the posts.
8. FeesPresently, all of our Services are free. However, we reserve the right to charge for any and all of our Services in the future.
9. Prohibited Use
You may not (yourself or through a third party):
Provide any Customer Content that is libelous, obscene, invasive of others' privacy, or hateful (racially or otherwise) or that violates any third party rights, including intellectual property rights;
Use the Services to harm, threaten or harass anyone;
Use the Services, any content you obtain from the Service and/or your experience using the Services to create similar or competitive services;
Modify, alter, tamper with, reverse engineer or create derivative works of any aspect of the Services, except and only to the extent that the applicable law expressly requires us to permit you to do so;
Use any automated process with the Service except for search engines compiling a free public search index;
Circumvent any technical measures we use to restrict access to the Services;
Use the Services for any purpose other than as expressly permitted by the Terms and the information available on the Site; Sell, lend, rent, lease, sublicense, assign or otherwise transfer any of the rights granted to you with respect to the Services to any third party;
Copy, distribute or sell the Services or any content on the Services;
Remove, obscure or alter any proprietary rights notice pertaining to the Services, including notices on an app;
Use the Services in connection with anything misleading or illegal, unsolicited or spam email, bulk mailing or chain letters, contests, sweepstakes, pyramid or ponzi schemes, to advertise or promote a commercial product or service that is not available through GlobalHyve, or post anything that is unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable or that encourages criminal conduct; or Bog down GlobalHyve's system resources or capacity or otherwise attempt to deny service to anyone or disrupt the Services.
Log in or attempt to access the Services through unauthorized third-party applications or clients.
Use or develop any third-party applications that interact with the Services or other users' content or information without our written consent.
10. InfringementGlobalHyve is committed to respecting the rights of copyright and trademark owners. We respond to notices of copyright infringement in accord with the Digital Millennium Copyright Act ("DMCA") and we use a similar process for trademark infringement claims, as outlined below.
To notify us of copyright infringement, please send a written notice by mail or fax (not just email) that includes all of the following:
1. Identification of the work you believe is being infringed.
2. Identification of the work that you believe to be infringing, with information that is reasonably sufficient for us to find it.
3. Your name, address, phone number and email 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 your notification is accurate, and under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
GlobalHyve will treat notices that meet these requirements in accord with the DMCA. If we have taken down any content that you believe should not have been removed, you can send us a written counter-notice by mail or fax. Please be sure your counter-notice meets the DMCA requirements and we will follow the process set out in the DMCA. To find out more about the DMCA, see http://copyright.gov.
TrademarkTo notify us of trademark infringement, please send us a notice that includes (a) the specific trademark you believe is being infringed, (b) detailed information about the trademark you believe is infringing your trademark and where you saw that infringing trademark on our Services, (c) your name, address and email address, (d) statements that are the equivalent to #4 and #5 above but as to the trademark instead of a copyright, (e) a physical or electronic signature meeting the requirements of #6 above, and (f) the serial or registration number of your trademark if it has been registered.
We will respond to all infringement notices and comply with applicable law. We reserve the right to remove any content without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.
Where to Send Notices
Please send copyright and trademark notices to: [email protected]
As between you and GlobalHyve, GlobalHyve retains all right, title and interest in the Services, including the Site and all underlying software, technology and processes, all content provided via the Services, all data generated on or through the use of the Services, all trademarks, service marks and logos, and any developments, enhancements, modifications or derivative works of any of the foregoing. Except for rights expressly granted in the Terms, we do not grant you any other right, title or license. GLOBALHYVE reserves the right to discontinue some or all Services at any time.
If you send us feedback, we may use your feedback for any purpose without attribution, accounting or compensation to you.
12. IndemnityYou will indemnify, defend and hold harmless GlobalHyve, and each of its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents and representatives (the "Covered Entities") against all liability, claims, costs, damages, settlements and expenses (including interest, penalties, attorney fees and expert witness fees) ("Liabilities") incurred by any Covered Entity in any way arising out of or relating to your violation of the Terms or your use of the Services. GlobalHyve reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
13. No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE COVERED ENTITIES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. THE COVERED ENTITIES DO NOT PROMISE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION YOU TRANSMIT USING OUR SERVICES OR THAT WE STORE WILL BE SECURE. THE COVERED ENTITIES MAKE NO WARRANTIES AND DISCLAIM ALL LIABILITY FOR ANYTHING RELATED TO THE CONTENT OR OFFERS ON OUR SITE, INCLUDING THE ACCURACY OR AVAILABILITY OF ANY OFFERS. YOU SHOULD NOT RELY ON ANY INFORMATION PERTAINING TO THIRD PARTY PRODUCTS OR SERVICES ON OUR SITE.
THE COVERED ENTITIES DO NOT MAKE ANY GUARANTEES REGARDING, OR ACCEPT RESPONSIBILITY FOR, THE RESULTS OF YOUR USE OF THE SERVICES. YOU USE THE SERVICES AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON YOUR STATUTORY RIGHTS, SO OUR DISCLAIMER MAY NOT APPLY TO YOU.
14. Limitation of LiabilityTO THE EXTENT NOT PROHIBITED BY LAW, THE COVERED ENTITIES SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING LOST PROFITS, DAMAGES ARISING FROM LOSS OF INFORMATION OR DATA, BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COVERED ENTITIES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES ARISING UNDER THE TERMS OR RELATED TO THE SERVICES OR ANY OTHER GLOBALHYVE PRODUCTS OR SERVICES EXCEED $10. THESE LIMITS APPLY EVEN IF A STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITS ON CERTAIN LIABILITIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms incorporate all policies and requirements shown on the Site.
GLOBALHYVE will be entitled to recover any legal fees and other costs associated with enforcing the Terms.
You can provide any notices to us by sending an email to [email protected]
This Agreement is governed by the laws of the State of California, excluding its choice of law principles.
You must bring any claims under the Terms within one year unless the law requires a longer timeframe. Claims not filed within those limits are permanently barred.
· Except for the optional arbitration described next, the parties will resolve any disputes in the courts of Los Angeles County, California. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed upon by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online or solely on written submissions, (b) no party or witness will make any personal appearance unless the parties agree otherwise, and (c) the winning party may have the arbitrator's award entered as a judgment in any court of competent jurisdiction.
· Whether in court or in arbitration, the initiating party must bring all claims in its individual capacity and not as a plaintiff or class member in a class action or other similar proceeding.
· If any provision of the Terms is legally unenforceable, that provision shall be limited to the least extent necessary to render it enforceable (or eliminated if it cannot be made enforceable) and the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in an explicit writing and signed by the waiving party.