Terms and Conditions
Welcome to Flavia.com, where you can buy gifts and send cards and animations to anyone on the Internet. We have many for you to personalize with your own message, and send free. By using Flavia.com, you agree to the following Terms of Service, which you should read carefully.
Your Use of Flavia.com
You are free to use Flavia.com for any lawful, worthy and ethical purpose, except as limited by these Terms of Service. You may not use the Flavia.com service to send cards and/or animations to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages.
You are solely responsible for the contents of your transmissions through Flavia.com. We do not exercise editorial control over your transmissions, but we may cancel your account if you violate these Terms of Service. We ask that you use appropriate language when filling in the name, address and message spaces in our cards and/or animations. In addition, you agree that you will not transmit through Flavia.com any unlawful, harassing, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material of any kind or nature.
Your use of Flavia.com is subject to all applicable local, state, national and international laws and regulations, and you agree not to use Flavia.com for purposes that violate such laws and regulations. In addition, you agree that (1) you will not interfere with another member's use and enjoyment of Flavia.com; (2) you will not interfere with or disrupt networks connected to Flavia.com, and will comply with all regulations, policies and procedures of such networks; and (3) you will comply with United States law regarding the transmission of technical data exported from the United States. You also agree to indemnify and hold Flavia.com, as well as its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and independent contractors, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Flavia.com, your violation of these Terms of Service, or your violation of the rights of any third party.
We may terminate or suspend your access to all or part of Flavia.com, without notice, if you violate these Terms of Service or if you engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of Flavia.com, any other customer of Flavia.com, or any third party.
We enjoy hearing from you and welcome your comments about our services.
Flavia Return Policy
We care about your business and we want you to keep coming back to us. We therefore have established a pretty nice return program. Within 30 days of receipt of your shipment (including gifts), you may return any of the following items to Flavia.com, for any reason, for a full refund (we'll also refund the shipping cost if the return is a result of our error). Please note that we can process returns and refunds only for items purchased from Flavia.com and we cannot accept items returned after 30 days.
Just send back the unused items you wish returned within 30 days and we will issue you a credit for the value of the items (less shipping cost) on your credit card.
Thanks for shopping at Flavia.com!
About Our Site
Flavia.com's web site contains copyrighted materials, trademarks, service marks, trade dress and other proprietary materials owned by Flavia.com or its licensors and protected by law. All content on this site, including text, graphics, icons, images and software, is the property of Flavia.com or its content suppliers and is protected by United States and international copyright laws. All rights in such materials are reserved to Flavia.com or its licensors. You may use these materials to send and receive cards, but you may not use the materials for any other purpose, or copy the materials in whole or in part, without prior written permission from Flavia.com.
Limitation of Liability
By using this site, you expressly agree that such use is at your sole risk. Flavia.com endeavors to provide service of the highest quality, but we cannot guarantee that our service will be uninterrupted or error-free, or that your card and/or animation will reach the intended recipient. We are not responsible for claims brought by third parties arising from your use of Flavia.com.
Flavia.com provides this site and its contents on an "as is" basis and makes no representations or warranties of any kind, express or implied, with respect to this site or its operation, contents, or products. We do not represent or warrant that information available on this site is accurate, current, or complete, and we disclaim any and all representations and warranties, including but not limited to any warranty of merchantability or fitness for a particular purpose to the full extent permitted by applicable law. In no event shall Flavia.com be liable to you or any other person or entity, under any theory, including negligence, for damages of any kind arising from the use of this site, including but not limited to direct, indirect, actual, incidental, punitive, special or consequential damages, lost income, revenue or profits, lost or damaged data, or other commercial or economic loss, that result from your use of, or inability to use, this site, even if Flavia.com has been advised of the possibility of such damages or such damages are foreseeable. By using Flavia.com, you agree that this limitation will apply to all services, content and merchandise available through Flavia.com. In the event that applicable law does not allow the limitation or exclusion of liability or damages, you agree that in no event shall Flavia.com's total liability to you for all damages, losses and causes of action of any kind exceed the amount, if any, you have paid Flavia.com for use of Flavia.com.
Any current or future links to other sites are provided as a convenience only, and we assume no responsibility or liability for the contents of those other sites, or any products or services advertised or sold on those sites.
This site is created, controlled and operated by Flavia.com in the State of California, USA, and the laws of the State of California will govern your use of the Flavia.com site and the interpretation of these disclaimers, without giving any effect to principles of conflict of laws. If you choose to access this site from another location, you are responsible for complying with local laws, if and to the extent that local laws are applicable. Under United States export controls, software from this site may not be downloaded or otherwise exported or re-exported (1) into, or to a national resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using software from this site, you represent and warrant that you are not located in, are not under the control of, and are not a national or resident of any such country or on any such list.
If any provision of these Terms of Service is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. These Terms of Service constitute your entire agreement with Flavia.com. Flavia.com reserves the right to make changes to our site, disclaimers, and policies at any time.
MEMBERSHIP TERMS OF SALE: Flavia.com, LLC Terms of Sale Agreement
1. General Rules and Definitions
1.2 Flavia.com, LLC hereby grants you a limited license to copy and use the materials, features, and services provided on the Service (collectively the "Materials") solely for your personal, non-commercial use, subject to this Agreement. The design and layout of the Service are specifically excluded from the Materials. No other use of the Service or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. Framing of the Service or Materials or posting of Materials on other Web Sites is strictly prohibited.
1.3 The products, technology, and/or processes described and/or used on the Service may be the subject of intellectual property rights reserved by Flavia.com, LLC or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Flavia.com, LLC or any third party.
1.4 Flavia.com, LLC may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail or postal mail. Your continued use of the Service constitutes your acceptance of any such change to the terms of this Agreement.
1.5 If any of the rules contained in the Agreement or any future changes to the Agreement are not acceptable to you, you may cancel your subscription by calling customer service at 1-805-884-9626. See Section 9 regarding Termination of Service. Your continued use of the Service now, or following the posting of notice of any changes in the rules contained in the Agreement, will indicate acceptance by you of such rules, changes or modifications.
1.6 Flavia.com, LLC may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature or content. Flavia.com, LLC may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2 Use of Service and Content
2.1 The contents of the Service are intended for your personal, noncommercial use. All materials published on the Service (including, but not limited to photographs, graphics, images, illustrations, sound clips and flash animation, also known as the "Content") are protected by copyright, and owned or controlled by Flavia.com, LLC or its affiliates, or the party credited as the provider of the Content. You shall abide by all additional copyright restrictions contained in any Content accessed through the Service.
2.2 All of the Materials and Content available on the Service are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except for as otherwise provided for in this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Materials or Content or the Service in whole or in part.
3 Access and Availability of Service and Links
3.1 Flavia.com, LLC feature on the Service, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH FLAVIA.COM, LLC OR ITS AFFILIATES. FLAVIA.COM, LLC MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. FLAVIA.COM, LLC WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY FLAVIA.COM, LLC ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
3.2 There may be circumstances where access to the Service is provided by a link located at another Web site. Neither Flavia.com, LLC nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither Flavia.com, LLC nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither Flavia.com, LLC nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to the Service.
4 Representations and Warranties
4.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless Flavia.com, LLC and its affiliates, and all officers, directors, owners, agents, Content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in defense of any such claim. Flavia.com, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
4.2 Neither Flavia.com, LLC nor its affiliates represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Service by any users, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, statement or other information shall be at your sole risk.
5 Registration and Security
5.1 In order to establish an account to use the Service, you will be required to select a password to be used in conjunction with your e-mail address. You will be required to give us certain registration information, all of which must be accurate and updated. You may not (a) use an account of another person with the intent to impersonate that person; or (b) use an account to which another person has rights without such person's authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password.
5.2 You shall notify Flavia.com, LLC of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
5.3 You must be 18 years or older to subscribe to the Service; however, persons under the age of eighteen may use the Service. You may share your password with others, subject to the provisions of Section 5.4 below.
5.4 You are responsible for all usage or activity on your account, including the use of the account by any third party authorized by you to use your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at the sole discretion of Flavia.com, LLC, and Flavia.com, LLC may refer you to appropriate law enforcement agencies.
6 Fees and Payments
6.1 You shall be responsible to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by Flavia.com, LLC or by any vendor or service provider. At its sole discretion, Flavia.com, LLC reserves the right at any time to offer the Service at a discount or to provide premiums and promotions as a membership incentive. All fees and charges shall be charged to the credit card provided as part of the registration process and you agree to pay such charges. You shall also pay any applicable taxes relating to use of the Service through your account.
6.2 For your convenience and to ensure that your access to the Service remains uninterrupted, unless we hear from you, we will automatically renew your membership at the expiration of the then-current term. If you elected to pay for the service by providing Flavia.com, LLC with your credit card, Flavia.com, LLC will charge your card on file for the cost of another term at the then-current rate using the information you previously provided us by phone, on our web site. You will not be notified in advance of your impending renewal. Flavia.com, LLC reserves the right to increase the price of the Service upon renewal without notice to you. If you wish to cancel your renewal for any reason, you may do so by calling 1-805-884-9626 within sixty (60) days of the date of billing and the renewal charge will be refunded in full.
6.3 If you elect to pay for the service by providing Flavia.com, LLC your checking account number (either on the web site, by phone), Flavia.com, LLC will debit the then-current subscription price directly from your account. Flavia.com, LLC also charges a separate service fee to offset the cost of this method of billing. We will automatically renew your membership and debit your account annually at the then-current subscription price and service fee. We will notify you of the impending renewal via e-mail prior to debiting your account. If you wish to cancel your renewal for any reason, you may do so by calling 1-805-884-9626 prior to billing or within sixty (60) days thereafter and the subscription fee will be refunded. The service fee is non-refundable. In no event will Flavia.com, LLC be liable for any NSF or other bank fees resulting directly or indirectly from any debits to your checking account.
7 Communications Between Flavia.com, LLC and Users
7.1 If you indicate on the registration page that you want to receive such information, Flavia.com, LLC, its owners, assigns and affiliates will allow certain third party vendors to provide you with information about products and services.
7.2 Flavia.com, LLC reserves the right to send you electronic mail regarding billing, administrative, or legal matters relating to the Service or notifying you of special "Members-Only" offers or promotions.
7.3 Flavia.com, LLC reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our website may collect and share information about you only if you indicate your acceptance. For more information please read the privacy statement of Flavia.com on the Web.
8 Software Licenses
8.1 All information and software provided through the Service is and shall remain the sole and exclusive property of Flavia.com, LLC or its affiliates. You shall not publish, broadcast, retransmit, or otherwise reproduce the information or software in any medium, except that you may transmit personalized messages by electronic mail for personal, noncommercial purposes.
9.1 If you are not fully satisfied with your membership you may terminate your account during the first sixty (60) days of your membership term by calling Customer Service at 1-805-884-9626, Monday through Friday during the hours of 8:00 a.m. to 5:00 p.m. eastern standard time or by sending written notification to Flavia.com, LLC, 1231 State Street Suite #203 Santa Barbara CA 93101 Attention: Customer Service. Upon termination, you will receive a full refund of any monies you paid to Flavia.com, LLC for your membership fee for the then current term. Members who obtained their membership through promotional offerings are not entitled to a refund.
10 Limitation of Liability
10.1 THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. FLAVIA.COM, LLC IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC GREETINGS SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
10.2 NEITHER FLAVIA.COM, LLC NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF FLAVIA.COM, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT FLAVIA.COM, LLC AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID PURSUANT TO THE TERMS OF THIS AGREEMENT.
10.3 NEITHER FLAVIA.COM, LLC NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS FLAVIA.COM, LLC AND ITS AFFILIATES AND PARTIES WITH WHOM FLAVIA.COM, LLC HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
11.1 This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of California. Any dispute arising between you and Flavia.com, LLC will be submitted to binding arbitration in Santa Barbara, California in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.
11.2 Official correspondence must be sent via postal mail to Flavia.com, LLC,. Attention: Customer Service, 111 El Paseo, Santa Barbara, CA 93101