Agreement

Your use of the Site constitutes your agreement to follow and be bound by these terms and conditions. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site.

Brand Protection

Resellers of Flourishist brand merchandise cannot sell our products through unapproved large – scale online marketplaces. This policy is in an effort to protect the integrity of our brand, identify counterfeit products, and ensure high – level customer service.

Pricing Policies

Our pricing policy requests that customers respect the recommended retail price and not advertise any current Flourishist item lower than a specified margin. Retailers may set prices above this margin as per their business interests.

Policy on Use of Images and Product Descriptions

We are happy to supply images and product specifications to our customers for promotional use. However, you are authorized to use these only in connection with the promotion of Flourishist products. In exchange for this limited license, you further agree to:

• Always reference our brand name, Flourishist, within each relevant product page.
• Not remove or alter the copyright notice that is included in the image and image file. If you agree to these terms and would like to access the images, please Contact Customer Service at service@flourishist.com to get a password for access to our image library.

Endorsements & Social Media Engagement Policy

Flourishist reserves the right to change, alter, or modify this Policy at any time without prior notice. If you do not fully agree to this Policy, then do not submit any Posts or Endorsements.

Except where prohibited by law, if you voluntarily engage with Flourishist by emailing, posting, uploading or otherwise submitting photographs, graphics, videos, messages, comments or other material on any Flourishist page, profile, or feed  of any social media platform  or making any personal statement through a Post or otherwise in any media/medium which endorses Flourishist products or services, you grant your full and unconditional agreement (or your parent or legal guardians’ full or unconditional agreement if you are under the age of majority in your jurisdiction) to this Policy. If you do not comply with this Policy at any time, Flourishist reserves the right to restrict your use of or access to Flourishist’s Pages at its sole discretion without prior notice, in addition to any available remedies allowed by law or contract. For the purpose of this Policy, anyone who engages in any manner with any Flourishist Page is a User.

User – Generated Content

If you tag your Post with one of our branded hashtags or tag our business page account, you agree to the following:

• You consent and grant to Flourishist the irrevocable, non – exclusive, transferable, sub – licensable, royalty – free, worldwide right, to  use, copy, perform, reproduce, edit, modify, display, broadcast, distribute, prepare derivative works of, and otherwise exploit the Post in any form, manner or media now or hereafter known including but not limited to posting or reposting the Post across Flourishist’s digital properties and using the Post for commercial purposes including marketing, advertising, and publicity and  use your name, image, likeness, and username handle in connection with, or to reference the fact of, your Post to the extent you include such information in your Post. You understand and agree that you will not have any right to inspect or approve Flourishist’s use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated for Flourishist’s use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post.
• You represent and warrant that your Post is your original creation for which you own and control all rights,  your Post does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate any other applicable laws or regulations, your Post will not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use, you have obtained the express permission of each identifiable person appearing in your Post to be included and displayed in the Post as provided herein, and you have the full power and authority to grant the rights contemplated herein.

You understand and acknowledge that your Post may be open to public commentary that is not under the Flourishist’s direct control and does not necessarily reflect the views of Flourishist. While Flourishist may curate Posts, Flourishist is not responsible for their content or accuracy. You understand that you may be exposed to other Posts that you find offensive, indecent or otherwise objectionable. You understand and acknowledge that Flourishist shall not be liable for any loss or damage of any kind suffered by you in connection with Posts made available on Flourishist’s websites or social media pages. Posts may be removed by Flourishist at any time and for any reason.

You agree not to take any legal action against, and hereby irrevocably release and discharge, Flourishist, and its directors, officers, employees, agents, affiliates, franchisees, licensees, or any other person or entity acting on its behalf, from all claims in connection with the use or viewing of Posts as contemplated herein including but not limited to any claims based on trademark, copyright, right of publicity, defamation or invasion of privacy.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Flourishist and its directors, officers, employees, agents, affiliates, franchisees, and licensees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: your violation of any term of this Policy; your violation of any third – party right, including without limitation any trademark, copyright, property, or privacy right; or any claim that your Post caused damage to a third party.

Endorsements

Flourishist is committed to complying with all applicable laws and regulations requiring clear and accurate advertising messages, Endorsements and testimonials when communicating with the public, including the disclosure of all material connections between a Flourishist marketing promotion using any Page and a User’s participation in that promotion. This Policy applies to all Flourishist employees, independent contractors, agents (including anyone speaking, writing, blogging, posting on any Platform, or otherwise generally endorsing Flourishist products or services), and any other individual or entity engaged in promotional endorsement activities on behalf of Flourishist, whether they are engaged by Flourishist directly or through an agency, representative of an agency, subsidiary or franchise. This Policy applies irrespective of the forum in which the Endorsement or testimonial is being made, written or verbal, including, but not limited to, television commercials, print advertisements, websites, blogs, mobile applications, Platforms in general or any other form of media which may be used to advertise.

Endorsers are responsible for their opinions, comments and content made in Posts and may be held personally liable for any commentary deemed to be defamatory, libelous, obscene, or an infringement on the proprietary rights of Flourishist or any third party; therefore Endorsers should be mindful of this potential liability when disseminating opinions, comments and content through Posts. In addition, Endorsers should at all times be aware that Posts may remain public or may be archived so that such Posts may be stored and retrievable, indefinitely.

With respect to statements or other claims made in advertising messages or promotional communications about Flourishist and its products or services, Endorsers must adhere to the following general standards and disclosure requirements:

General Standards

• Endorsers may only make statements that reflect their honest opinions, finding, beliefs or experiences. Endorsers may not make statements about experiences with a product not personally used, examined or evaluated.
• Endorsements by organizations must reflect the collective judgment of the organization.
• Endorsers may not make deceptive, misleading or untruthful claims about Flourishist’s products or services.
• Endorsers may not make any claims about Flourishist’s products or services that are not substantiated.
• Endorsers may not engage in any communication that is defamatory or infringes upon the intellectual property or privacy and publicity rights of others.
• Endorsers may not use any intellectual property of Flourishist in their Endorsement without the prior written consent of Flourishist in each instance, and such use must be in accordance with the specific guidelines provided by Flourishist.
• Endorsers may not make any comments or Posts that in any way promotes unsafe or dangerous activities.
• Endorsers may not make any comments or Posts that violate applicable local, state or federal laws or regulations.
• Endorsers may have access to or directly or indirectly be exposed to information of a proprietary and confidential nature about Flourishist (including without limitation its business operations and activities, strategic plans and financial information). Endorsers shall keep confidential and not disclose any such information.

Disclosure Requirements

• Endorsers must clearly and conspicuously disclose any material connections to Flourishist in all advertising, promotional and Endorsement – related communications concerning Flourishist and its products or services.
• A material connection is one that is not reasonably expected by the audience or not readily apparent from the context of the communication that may affect the weight or credibility a reasonable consumer would give to the communications or messages made by the Endorser.
• The above are only examples of disclosures which may be adequate. Variations of those examples may also be adequate depending on the context. The key is to disclose that there is a relationship between Flourishist and the Endorser which a reasonable consumer reading the Endorsement may not have realized (e.g. an employment relationship, a paid advertiser relationship, or related to a promotion or contest advertised by Flourishist).
• Disclosures need to be made in a clear and conspicuous manner. This generally means the disclosure cannot be buried inside a hyperlink or at the very bottom of a long Post. Rather, disclosures generally should occur in close proximity to where the Endorsement was made and in a similar size, font and color.
• Endorsers who post their own opinions, comments, content or recommendations about Flourishist, and its products or services, must disclose that their views do not necessarily represent those of Flourishist.

Posting Guidelines

Failure to comply with the following Guidelines will cause a Post to be rejected and pulled from Flourishist’s Pages and may result in immediate disqualification from being a User of Flourishist’s Pages:

Personal Attacks

Disrespecting, insulting or personally attacking other Users or Posts will not be permitted. Behavior and comments that may result in others feeling threatened or specifically targeted or abused will not be permitted.

Discrimination

Discrimination or prejudice based upon race, color, religion, creed, sex, sexual orientation, national origin, age, disability, veteran status, and any other status protected by law, will not be tolerated. Any prejudicial statements, behaviors, comments or remarks will cause the Post to be immediately disqualified and removed.

Pornographic Material

Pornographic material and references to it are not permitted in Posts and Posts containing such will be removed.

Violence

Any Post or statement inciting or directly referring to violence, past violence or the threat of violence is prohibited and will be removed.

Hatred

Constructive debate is permitted, but hatred towards any User or specific categories of Users will not be tolerated.

Libelous Statements

Libel of any kind is not permitted. Libel is a statement or comment about a person or organization that cannot be proved to be true and may be considered damaging to their reputation and interests.

SPAM

Any Post or statement that disrupts the normal flow of chat is not permitted. Examples: garbled or nonsense sentences, duplication of words and numbers. Users may not use the community in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Also, Posting under multiple nicknames is not allowed.

Slang or References to Upsetting Distressing Subjects

Slang referring to upsetting or distressing subjects, in Flourishist’s sole discretion, will not be permitted and will be immediately removed. Such references include drug use, sexual acts of an indecent nature (and anything considered to be explicitly sexual in nature), references to religion, political beliefs or anything deemed to distress Users or the parents or guardians of Users or anything deemed to be socially unacceptable.

Criminal or Immoral Activity

Any mention of or reference to criminal or immoral activity will not be permitted, including drugs, prostitution, fraud, stalking, extortion and terrorism.

Unauthorized Content

The content you submit to Flourishist Pages will not contain any trademarked or copyrighted material or material that is subject to other third – party proprietary rights, unless you have permission from the owner of such material or you are otherwise licensed to Post the material and to grant Flourishist all relevant licenses and permissions to use the material as contemplated herein. Associates who violate any portion of this Policy will be disciplined, up to and including termination.

Privacy

Please review our Privacy Policy which also governs your visit to the Site. The Privacy Policy explains our practices relating to the collection and use of your personal information.

Links to Third – Party Sites

If you use links to third – party websites on the Site, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Flourishist of the third party, the third party website, or the information contained therein. Flourishist is neither responsible for the availability of any such websites, nor responsible for or liable for any such website or the content thereon. If you use the links to third – party websites, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those websites.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the sole and exclusive property of Flourishist or its content suppliers and is protected against unauthorized use by United States and international copyright laws.

Trademarks

Flourishist trademarks, service names, graphics, logos, images, content, page headers, button icons, and scripts are trade names, trademarks, services marks, or trade dress of Flourishist in the United States and other countries. Flourishist’s trade names, trademarks, service marks and trade dress may not be used in connection with any product or service that is not Flourishist’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Flourishist. All other marks not owned by Flourishist that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, Flourishist.

Restrictions on Use of Content

You may access the Site and the Content available on this Site solely for the purpose of browsing for and purchasing products, in accordance with the applicable terms of this Agreement. Except as permitted above and as may be specifically agreed in writing by Flourishist, no Content from this site may be used, reproduced, transmitted, distributed, downloaded, displayed, modified or otherwise exploited in any way. All users agree to refrain from copying, modifying, reverse engineering, decompiling or disassembling any software code included in the Content.

Limited License and Site Access

Flourishist grants you a limited license to access and make use of this Site for the purpose of browsing for and purchasing products, and not to download or modify it, or any portion of it, except with the express written consent of Flourishist. This limited license does not include any resale or commercial use of this Site or its contents; any collection and use of any listings, descriptions, or reviews; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering or extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Flourishist. Any unauthorized use terminates the permission or license granted by Flourishist. You may not use any Flourishist logo or other proprietary graphic, trademark or service mark as part of the link without express written permission.

Disclaimer of Warranties and Limitations on Liability

This website and all information, content, materials, products and services contained in or otherwise provided to you through this website