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Terms of Use

Last updated: 1/1/22

THESE TERMS OF USE APPLY TO ALL USE OF THE WEBSITE.  BY CONTINUING TO USE THE WEBSITE YOU ARE INDICATING YOUR ACCEPTANCE TO THEM.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 

These terms and conditions of use (together with the various documents referred to in them) are issued by The Wildflower Group LLC (with its address at 1422 Grand Street, Unit 4D, Hoboken, New Jersey 07030) together with its subsidiaries (together “Wildflower”, “us”, “we” or “our”) and set out the terms of use on which you may make use of this website (the “Website” or “Site”).

This Website is operated by Wildflower under license from Fleischer Studios Inc. (”FSI”).  All products on this Website are fulfilled by Wildflower, under license from FSI.

Features Subject to Separate Terms.  Some of the features offered through this Website may be subject to terms of use, rules and policies in addition to or in lieu of these Terms of Use.  If you choose to use those features, you agree that your use of those features will be subject to such additional or separate terms of use, rules and/or policies, as applicable.

Copyright.  This Site, including all text, images, software and other content contained herein, is the property of FSI or its suppliers and is protected by United States and international copyright and intellectual property laws.  The compilation and arrangement of all content on this Site is the exclusive property of FSI and is protected by United States and international copyright and intellectual property laws.  All rights are reserved by FSI.

Trademarks.  All FSI marks, graphics, logos, designs and trade names used and displayed on this Site are service marks or trademarks of FSI and are the sole and exclusive property of FSI.  The “look and feel” of this Site constitutes proprietary trade dress of FSI.  All other trademarks not owned by FSI that appear on this Site are the property of their respective owners.  You may not use any such marks for any purpose whatsoever without the express prior written permission of the owner.

FSI Intellectual Property.  FSI grants you a personal, non-exclusive, non-transferable, limited license, exercisable solely during the term of this Agreement, to use FSI technology furnished to you by FSI (collectively, “FSI Intellectual Property”) solely for the purpose of accessing and using the Site.  You shall have no right to use the FSI Intellectual Property for any purpose other than accessing and using the Site.  You shall not (a) copy, reproduce, modify, adapt, create any derivative works from, distribute, transmit or otherwise exploit the FSI Intellectual Property or (b) directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the FSI Intellectual Property.  Except for the rights expressly granted above, all rights, title and interest in and to the FSI Intellectual Property shall remain solely with and are hereby reserved to FSI.

Use of Site; Restrictions.  You may view and print material displayed on this Site subject to the following conditions: (a) the materials may be used solely for your own, personal information and not for commercial use; and (b) you must retain without modification all copyright, trademark and other proprietary notices affixed to or contained in the materials you print and all copies thereof.  You may not copy or otherwise use this Site or any portion hereof, except as expressly provided above.  You may not reproduce, download, republish, frame, transmit, distribute, sell, license, modify, alter, reverse engineer or prepare derivative works from this Site or any portion hereof, except with the express prior written permission of FSI.  Use of spiders, data mining tools, robots and similar data gathering and extraction tools is expressly prohibited, except by publicly available Internet search engine portals solely for purposes of indexing this Site.  In the event you link to this Site, you agree to remove any such links to this Site (or any portion hereof) to which FSI objects promptly upon request.  Nothing contained in this Site shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other proprietary interest of FSI or any third party.  Any rights not expressly granted herein are reserved to FSI.

Indemnification.  You agree to indemnify, defend and hold harmless FSI, its affiliates and their respective directors, officers, employees and agents, licensors, representatives and third party providers to this Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder.  FSI reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with FSI in asserting any available defenses.

Notice and Procedure for Making Claims of Infringement.  FSI respects the intellectual property of others, and we ask our users to do the same.  If you believe your copyrighted materials have been copied in a way that constitutes copyright infringement, please follow our Procedure for Making Claims of Copyright, which includes instructions on how to contact us to report possible copyright infringement by our users.  ALL INQUIRIES NOT RELATING TO SUCH A CLAIM WILL NOT RECEIVE A RESPONSE.

No Rendering of Advice.  The information contained in or made available through this Site is provided for informational purposes only and should not be construed as rendering consulting, technical, security, engineering, legal or other professional advice of any kind.  Your use of this Site does not give rise to a client, advisory, fiduciary or professional services relationship between you and FSI.

Accuracy of Information.  While FSI uses reasonable efforts to furnish accurate and up-to-date information, FSI does not warrant that any information contained in or made available through this Site is accurate, complete, reliable, current or error-free.  FSI assumes no liability or responsibility for any errors or omissions in the content of this Site or such other materials or communications.

Disclaimer of Warranties and Limitations of Liability.  THIS SITE IS PROVIDED BY FSI ON AN “AS IS” AND “AS AVAILABLE” BASIS.  USE OF THIS SITE IS AT YOUR SOLE RISK.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FSI AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NONINFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, FSI AND ITS AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OR AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THIS SITE.  FSI DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FSI AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR USE), EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL RIGHTS.  IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY PORTION HEREOF, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

Links to Third Party Websites.  For your convenience, this Site may provide hyperlinks to websites, servers and other resources maintained by third parties over which FSI does not have control, including, without limitation, message boards and/or links to Web sites or pages that are framed within this Site.  Even if such materials are framed within this Site and appear to be a part of this Site, FSI does not evaluate, endorse or guarantee content found in such sites.  FSI does not assume any responsibility or liability for the actions, products, services or content of these sites or the parties that operate them.  You should carefully review their privacy statements and other conditions of use.  Your use of these sites is entirely at your own risk.

Feedback and Other Submissions.  All comments, feedback, blog entries, suggestions, ideas and similar submissions furnished to FSI in connection with your use of this Site shall be deemed assigned to and shall remain the exclusive property of FSI.  No such submissions shall be subject to any obligation of confidence on the part of FSI, and FSI shall be entitled to unrestricted use and disclosure of such submissions throughout the world for any purpose whatsoever, commercial or otherwise, without any obligation to compensate you for such use or disclosure.  You represent that you have the lawful right to furnish such submissions to FSI and agree that you will not submit any information unless you are legally entitled to do so.

Termination or Suspension of Access; Modifications to Site.  FSI reserves the right to terminate, suspend or otherwise restrict your access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever including, but not limited to, your violation of these Terms of Use or any inappropriate or unlawful behavior on your part.  In addition, FSI reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice.  FSI shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.

Dispute Resolution.  Any controversy or claim arising out of or relating to these Terms of Use or breach hereof, or otherwise relating to this Site (with the exception of injunctive relief sought by FSI for any violation of FSI’s proprietary rights), shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its then-current rules.  The arbitration shall be decided by one (1) arbitrator, who shall be an attorney having experience and familiarity with information technology disputes.  The language of the arbitration shall be English.  The location of arbitration shall be Los Angeles, California, USA.  The arbitrator may award to the prevailing party, if any, as determined by the arbitrator, its costs and expenses, including reasonable attorneys’ fees.  Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.  To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.  Each party hereby waives its right to a trial by jury for any disputes between the parties.

Applicable Laws; Exclusive Jurisdiction.  FSI makes no representation that this Site or any content on or accessed through this Site is appropriate or available for use.  You are responsible for compliance with all local laws and regulations, as applicable.  Use of this Site and any dispute arising therefrom shall be governed by the laws of the State of California, USA, without regard to principles of conflict of laws.  SUBJECT TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH ABOVE, ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF THIS SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN LOS ANGELES, CALIFORNIA, AND YOU EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.

Modifications.  FSI reserves the right to modify these Terms of Use at any time upon posting and notice of a modification.  By continuing to use this Site after any notice and modification, you are signifying your acceptance of the modified Terms of Use, regardless of whether you have reviewed them.  Please visit this page regularly to review the then-current Terms of Use to which you are bound.

Privacy.  Please review our Privacy Policy, which also governs your visit to this Site and is incorporated herein by reference, to understand our practices.

Entire Agreement.  These Terms of Use, together with the FSI Privacy Policy constitutes the entire agreement between you and FSI governing your use of this Site and supersedes any prior agreements between you and FSI with respect to the subject matter hereof.  Notwithstanding the foregoing, as stated above, you also may be subject to additional or separate terms of use, rules and/or policies that may apply when you use certain features made available through this Site.

Miscellaneous.  If there is a determination that any provision of these Terms of Use is invalid or unenforceable under applicable law, that determination will not affect the rest of these Terms of Use, and these Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.  The failure of FSI to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  Regardless of any statute or law to the contrary, any claim or cause of action against FSI arising out of or related to use of this Site or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Consent to Electronic Delivery of Notices.  When you visit FSI or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us electronically, including without limitation by e-mail or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  To withdraw your consent to receive notices electronically, you must notify us of your withdrawal of such consent and discontinue your use of this Site.

Minors.  This Site is not intended for use by or availability to minors under the age of 14.  IF YOU ARE UNDER 14 YEARS OF AGE, YOU MAY NOT ACCESS OR USE THIS SITE.  By USING THIS SITE, YOU REPRESENT TO FSI THAT YOU ARE 14 YEARS OF AGE OR OLDER.  IF YOU ARE UNDER THE AGE OF 18, YOU HEREBY REPRESENT THAT YOU ARE USING THIS SITE WITH THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN, AND YOUR PARENT OR LEGAL GUARDIAN HEREBY AGREES ON YOUR BEHALF TO BE LEGALLY BOUND BY THESE TERMS OF USE.

Contact Information.  If you have any questions regarding this Site, please contact FSI at FleischerStudios@Fleischerstudios.com and include the following statement in the subject line: “FSI Terms of Use Question”.