PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
This Website is operated by Wildflower under license from Lafig (“The Smurfs”). All products on this Website are manufactured and or fulfilled by Wildflower, under license from The Smurfs.
Please read these terms and conditions of use carefully before you start to use the Website as they represent a binding legal agreement, and you will be bound by them. We recommend that you print a copy of these terms for future reference. Use of the Website includes accessing it, perusing it, or using any of the functionality offered via it.
By using the Website, you confirm that you accept these terms and conditions of use and that you agree to comply with them.
If you do not agree to these terms and conditions of use, you must not use the Website.
Should you have any questions on these terms and conditions, please email us at email@example.com.
Changes to these Terms & Conditions
Please note that we reserve the right to revise or amend these terms at any time to reflect changes to our business or changes in the law. Where these changes are significant, we may decide to e-mail our subscribers to make sure that they are informed of such changes.
However, it is your responsibility to check these terms before each use of the Website.
We May Suspend Or Withdraw Our Website
Our Website is made available free of charge.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You Must Keep Your Account Details Safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details provided below.
When using this Website and our online communications infrastructure including email, any enquiry forms and subscription fields that we may offer users or add in the future on this Website you agree:
- any information you submit is accurate and truthful and you will keep this information accurate and up to date;
- not to impersonate other people, particularly employees and representatives of Wildflower or our affiliates;
- not to use obscene or vulgar language;
- not to submit information or content that is unlawful or otherwise objectionable including, but not limited to, content that is defamatory, abusive, offensive, racist, sexist, homophobic, threatening, vulgar, obscene, hateful, content which promotes or incites violence or is otherwise inappropriate or to post comments which will constitute a criminal offence or give rise to civil liability on this Website;
- to refrain from using our Website and online communications systems for unauthorized mass-communication such as “spam” or “junk email”;
- to evaluate for yourself the accuracy, completeness or usefulness of any opinion, advice or other content on this Website; and
- to only use this Website for lawful purposes.
Wildflower and/or its licensor(s) (including Lafig and/or any of its subsidiaries) (whichever the case may be) are the owner and/or the licensee (whichever the case may be) of all intellectual property rights inherent in the Website, and in the material published on it including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software. Unless specifically stated otherwise, nothing in these terms or on the Website shall give effect to any transfer of such intellectual property rights from us (or, as the case may be, our licensor(s)) to you.
Your sole right to use the intellectual property inherent in the Website is a non-exclusive license to make use of such content only as is strictly necessary to enable you to access the Website and to peruse its contents.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organization to content posted on the Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from us or our licensors.
Do Not Rely On Information On This Website
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
You acknowledge that you are responsible for any material that you post on this Website and that if you breach any of these terms and conditions you may be personally liable to us or any third party that suffers harm as a result.
You agree to indemnify, and keep indemnified, us, our successors and assigns, our licensors (including Lafig and/or any of its subsidiaries), our directors, trustees, offices, employees and agents from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us or Lafig or any company within our respective groups should you breach any of these terms and conditions.
This indemnity includes your use of the information you read on this Website, together with any introduction or collaboration that you enter into as a result of viewing this Website.
Limitation of our liability
To the extent permitted by law, both we and Lafig exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
We and Lafig will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Website; or
- use of or reliance on any content displayed on the Website.
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Further, you acknowledge that the author of each posting on this Website is responsible for his or her comments. Insofar as the law permits, we or Lafig shall not be liable for any loss, damage or distress incurred as a result of material posted on this Website.
Neither we nor Lafig are responsible for the accuracy, veracity or reliability of any opinion, advice or statement made on this Website and such communications shall not be considered to be reviewed, screened, monitored, edited or approved by us.
Neither we nor Lafig will be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content from it, or from any website linked to it.
Events Outside our Control
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications.
We do not guarantee that the Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access the Website. You should use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Linking to the Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our or The Smurfs’ reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our (or Lafig’) part where none exists. You must not establish a link to the Website in any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. Third party website links & resources in the Website.
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Neither we nor Lafig have any control over the contents of those sites or resources. Neither we nor Lafig assume any responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us or Lafig of those linked websites. Neither we nor Lafig will be liable for any loss or damage that may arise from your use of them.
If you do link from the Website to other websites, your use thereof will also be subject to those websites’ terms and conditions.
Please note that these terms and conditions of use, and their subject matter are governed by the law of New Jersey. You and we both agree that the courts of New Jersey will have non-exclusive jurisdiction over any disputes.