Terms of Use
Updated by Global Flowers Legal Department .
1. General provisions
1.1. The following terms and definitions shall apply in this document and the resulting or related relations of the Parties:
1.1.1. Agreement — this document with all additions, modifications and mandatory documents specified in it, as well as the agreement concluded on its basis.
1.1.2. User is a capable natural person over 18 years of age who has joined this Agreement in his own interest or acting on behalf of and in the interests of the legal entity represented by him.
1.1.3. Site/Sites — any of the automated information systems available on the Internet at network addresses in the following domains (including subdomains, if separate agreements are not concluded with respect to subdomains): global.flowers.
1.1.4. Mobile application is a computer program designed for installation and use on the Device, which allows the User to access the Service using a communication network.
1.1.5. Application — programs for computers and/or databases, including the Site and Mobile application, designed to provide access to the Service using the Device for information purposes.
1.1.6. Device — personal computer, tablet, mobile phone, communicator, smartphone, other device allowing to use the Application and/or Service for their functional purpose.
1.1.7. Service — a set of services provided to the User using the Application.
1.1.8. Content — images, text, audio and video materials, as well as other copyright and/or related rights objects, as well as non-such information and messages of any nature.
1.1.9. GF Account is a unified system of registration and authorization in Applications using an identifier assigned to the User by Global Flowers or in other information systems determined at the sole discretion of Global Flowers.
1.1.10. Personal Account — a personal section of the Application, to which the User gains access after registration and/or authorization in the Application. The Personal Account is designed to store the personal data of the User, create the profile of the User, as well as view and manage other available functionality of the Application and the corresponding terms of use of the Application.
1.2. Other terms and definitions not specified in Clause 1.1. may be used in this Agreement. Agreements. In this case, the term shall be interpreted in accordance with the text of the Agreement. If there is no unambiguous interpretation of the term or definition in the text of the Agreement and other documents forming the contract on the terms of the Agreement, it should be guided by its interpretation, determined: first of all - by the legislation of the Russian Federation, and subsequently - by the customs of business turnover and scientific doctrine.
1.3. Your use of the Application and/or the Service provided on its basis in any way and in any form within their declared functionality and purpose, including:
1.3.1. registration and/or authorization in the Application using the GF Account;
1.3.2. viewing the Materials placed in the Appendix;
1.3.3. placing or displaying any Content in the Application;
1.3.4. other use of the functionality of the Application or the provided Service;
- creates an agreement on the terms of this Agreement in accordance with the provisions of Articles 428, 437 and 438 of the Civil Code of the Russian Federation.
1.4. This Agreement and the required documents specify the basic terms and conditions for the use of the Applications, as well as any development and/or addition of new functionality.
1.5. A prerequisite for using the Application and providing the Service on its basis is the full and unconditional acceptance by the User of the terms of the following documents (according to the text of the Agreement - «mandatory documents»):
1.5.1. Rules of the Site and the Mobile Application of the same name, placed on the pages of the said Site and regulating the procedure for using the functionality of the Site and the related Application;
1.5.2. Privacy policies posted and/or available on the Internet at https://global.flowers/en/legal/confidential/.
1.6. The provision of the Services shall be governed by the provisions of this Agreement, as well as additional documents accepted on its basis (under the text of the Agreement - «supplementary document»), which are published by Global Flowers on the pages of the Sites related to them and can regulate the peculiarities of use of a certain Service.
1.7. In the event of a conflict between the Agreement and the terms of use of any of the Services individually set forth in the supplementary document, the terms of use of the relevant Service set forth in the supplementary document relating thereto shall prevail.
1.8. The agreement, including its binding documents, may be modified by Global Flowers without any special notice. The new version of the Agreement and/or the required documents specified in it shall come into force from the moment it is posted on the Site or communicated to the User in a different convenient form, unless otherwise provided by the new version of the Agreement and/or the mandatory documents specified in it.
1.9. Taking advantage of any of those specified in Clause 1.3. opportunities you confirm that:
1.9.1. Reached the age of 18;
1.9.2. Have read the terms and conditions of this Agreement and the documents specified in it which are binding on the Parties in full prior to the commencement of use of the Annex and/or the Service provided on its basis;
1.9.3. Accept all the terms and conditions of this Agreement and the documents required by it for the Parties in their entirety without any exemptions or restrictions on your part and undertake to comply with or terminate the use of the Service. If you do not agree to the terms and conditions of this Agreement and its binding documents or are not entitled to enter into a contract on their basis, you should immediately cease any use of the Application and the Service provided on its basis.
1.10. The current version of the Agreement is published at https://global.flowers/en/legal/agreement/.
2. General Terms of Use of the Application
2.1. Viewing the Content placed in the Application in the public domain does not require mandatory registration and/or authorization of the User.
2.2. Any other application of the functionality of the Application, including the use of the Services, is permitted only after the User has completed registration and authorization in the Application in accordance with the rules established by Global Flowers.
2.3. The list of functionality of the Application, the use of which requires preliminary registration and/or authorization, as well as acceptance of additional documents for the use of the Services, as necessary, is determined at the sole discretion of Global Flowers and may be changed from time to time.
2.4. Upon completion of the registration procedure using the GF Account, a unique account associated with the Account of the User in the Application is created, which is necessary to use most of the Application functionality and Services based on them without separate registration of the User in any of the Applications separately.
2.5. For registration, the User shall provide reliable and complete information about himself on the issues offered in the registration form and keep this information up to date. If the User provides incorrect information or Global Flowers has reason to believe that the information provided by the User is incomplete or inaccurate, Global Flowers has the right at its discretion to block or delete the account of the User, as well as deny the User the use of the Applications and related Services in whole or in a certain part.
2.6. Global Flowers reserves the right at any time to require the User to confirm the data specified at the time of registration and to request, in connection with this, supporting documents (in particular, identity documents), the failure to provide which, at the discretion of Global Flowers, may be equated to the provision of false information and entail the consequences stipulated in clause 2.5. Agreements. In case the User data specified in the documents provided by him does not correspond to the data specified during registration, and also in case the data specified during registration does not allow to identify the user, Global Flowers may apply the measures specified in item 2.5. Agreements.
2.7. The User information contained in the Account and Account of the User shall be stored and processed by Global Flowers in accordance with the Privacy Policy.
2.8. Upon registration, the User independently selects a login (unique character name of the Account) and a password for access to the Personal Account. The subsequent change of the User's password is carried out using the Application software provided in his Personal Account. Global Flowers has the right to prohibit the use of certain logins, as well as set requirements for the login and password (length, available characters, etc.).
2.9. The Registered User shall independently determine the procedure for using the Personal Account and other functionality of the Application, including the terms of use of the relevant Service, which, however, under no conditions can contradict this Agreement with exceptions established in additional documents.
2.10. The procedure and consequences of User's login and password are defined in Section 6 of this Agreement.
3. Restrictions on use of the Application
By accepting the terms of this Agreement, you understand and acknowledge that:
3.1. Global Flowers may set limits and restrictions on the use of Applications and Services based on them for all Users, or for certain categories of Users (depending on the place of stay of the User, the language in which the Service is provided, etc.), including: availability/absence of separate functions, maximum shelf life of information and data, special parameters of downloaded information, etc.
3.2. The restrictions will be communicated to the Users in a form and manner determined at the sole discretion of Global Flowers.
3.3. Unless otherwise provided by additional documents for the use of a separate Service:
3.3.1. The User shall use the Application at his own risk. Services are provided «as is». Global Flowers assumes no responsibility, including for compliance of the Application and the Service based on it with the User's goals;
3.3.2. Global Flowers does not warrant that: the Applications and/or Services comply with the requirements of the User at the time of acceptance of the Agreement and will comply with them thereafter; Services will be provided continuously, quickly, reliably and without errors; the results that can be obtained using the Annexes will be accurate and reliable and can be used for any purpose or in any capacity (for example, to establish and/or confirm any facts); the quality of any product, service, information and Content obtained using the Services will correspond to the expectations of the User;
3.3.3. Any information and/or materials (including downloadable software, letters, instructions and instructions for action, etc.) access to which the User accesses using the Applications, the User may use at his own risk and is independently responsible for the possible consequences of using the specified information and/or materials, including for damage that this may cause to the User's computer or third parties, for data loss or any other damage;
3.3.4. Since the Applications and the Services based on them are constantly being added and updated, the form and nature of the functionality of the Applications and the Services provided may change from time to time without prior notice to the User. Global Flowers may, if necessary at its sole discretion, terminate (temporarily or permanently) the provision of the Services (or any separate functions within the Services) to all Users in general or to an individual User, in particular without prior notice;
3.3.5. Global Flowers shall not be liable for any loss arising out of User's use of the Applications and/or Services based thereon;
3.3.6. In all circumstances, the liability of Global Flowers in accordance with Article 15 of the Civil Code of Russia is limited to 20,000 (twenty thousand) rubles of the Russian Federation and is assigned to it if there is guilt in its actions.
3.4. If any person has registered as a User on behalf of the authorizing company, this means that the company accepts the Agreement and undertakes to protect Global Flowers, its subsidiaries, management, agents and employees from any legal action, processes and proceedings related to the use of the Applications and/or the Services based on them, and also from any responsibility, including financial, concerning claims, damage, damage, processes, trials, legal costs and the fees of lawyers.
3.5. Global Flowers has no connection with the Content provided and/or posted (including those broadcast) by Users in the Application, and does not verify the content, authenticity and security of such Content or its components, as well as their compliance with the requirements of applicable law and the Users have the necessary scope of rights to distribute and/or use it.
3.6. The User shall be independently responsible for compliance of the content of the Content posted by the User with the requirements of the current legislation, including liability to third parties in cases when the User's placement of such Content or its content violates the rights and legitimate interests of third parties, including personal non-property rights of authors, other intellectual rights of third parties, and/or encroaches on intangible benefits belonging to them.
3.7. The User agrees that Global Flowers is not obliged to pre-inspect any Content of any kind hosted and/or distributed by the User through the Applications, nor that Global Flowers has the right (but not the obligation) at its discretion to deny the User to post and/or distribute such Content or remove any Content that is available through the Applications. The User understands and agrees that it must independently assess all risks associated with the posting and distribution of such Content, including assessing the reliability, completeness or usefulness of such Content.
3.8. In particular, when using the Applications, the User may not:
3.8.1. upload, send, transmit or in any other way post and/or distribute information that is illegal, malicious, defamatory, insults morality, demonstrates (or is propaganda) violence and cruelty, violates intellectual property rights, promotes hatred and/or discrimination of people on racial, ethnic, sexual, religious, social grounds, contains insults against any persons or organizations, contains elements (or is propaganda) of pornography, child eroticism, is advertising (or is propaganda) sexual services (including other services)clarifies the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons;
3.8.2. To violate the rights of third parties, including minors, and/or to harm them in any form;
3.8.3. impersonate another person or representative of the organization and/or community without sufficient rights, including employees of Global Flowers, as well as use any other forms and methods of illegal representation of other persons on the Internet, as well as mislead users or Global Flowers about the properties and characteristics of any entities or objects;
3.8.4. upload, send, transmit or in any other way post and/or distribute the Content, unless entitled to do so under law or any contractual relationship;
3.8.5. upload, send, transmit or in any other way post and/or distribute advertising information, spam (including search), lists of other people's email addresses, pyramid schemes, multi-level (network) marketing (MLM), Internet earnings system and email businesses, «letters of happiness», and use the Applications to participate in these events;
3.8.6. unauthorized collection and storage of personal data of other persons;
3.8.7. disrupting the normal operation of Applications
3.8.8. To place links to Internet resources whose content is contrary to the current legislation of the Russian Federation;
3.8.9. To promote actions aimed at violating the restrictions and prohibitions imposed by the Agreement;
3.8.10. Other violations of the law, including international law.
3.9. In the event of a violation of rights and/or interests in connection with the use of the Applications, including the placement of improper Content by another User, Global Flowers should be informed of this by sending a written notice detailing the circumstances of the violation and hypertext link to the Application page containing materials that violate the relevant rights and/or interests.
3.10. If there are claims of third parties in respect of violation of any property and/or personal non-property rights of third parties, as well as prohibitions or restrictions established by law by a certain User, such User shall, at the request of Global Flowers, be formally identified by providing Global Flowers with a notarized obligation to settle the arising claims on its own and at its own expense with its passport data.
3.11. If Global Flowers is held liable or liable for violations of rights and/or interests of third parties committed by the User, as well as prohibitions or restrictions established by law, such User shall indemnify Global Flowers in full.
3.12. In case of repeated or gross violation of the terms of this Agreement and/or the requirements of the law, Global Flowers may block or delete the account of the User, as well as prohibit access to certain Applications and/or Services using the account, and remove any information specified by the User in the Personal Account or Content posted by him without prior notice.
4. Intellectual rights
4.1. All objects available through the Applications, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects placed within the Applications, are objects of exclusive rights of Global Flowers, Users and other copyright holders.
4.2. Global Flowers grants the User the right to use the Application functionally within its overall functionality.
4.3. The use of the Application in other ways, including by copying (reproducing) the Content placed in the Application, as well as the design elements, computer programs and databases included in the Application, their decompilation, modification, and subsequent distribution, public display, public disclosure, are strictly prohibited, unless otherwise provided by this Agreement.
4.4. The User may not reproduce, repeat, copy, sell, or use for any commercial purpose any part of the Applications (including Content available to the User through the Applications), or access to them, unless the User has obtained such permission from Global Flowers, or when this is expressly provided by additional documents for the use of a separate Service.
4.5. The use of the Applications by the User, as well as the Content placed in them for personal non-commercial use, is allowed provided that all copyright protection marks, related rights, trademarks, other notices of authorship, preservation of the name (or alias) of the author/name of the copyright holder unchanged, preservation of the corresponding object unchanged. Exceptions are cases expressly provided by the legislation of the Russian Federation or additional documents for the use of a separate Service.
4.6. Applications may contain links to sites on the Internet (third party sites). These third parties and their content are not checked by Global Flowers for compliance with certain requirements (reliability, completeness, legality, etc.). Global Flowers shall not be liable for any information, materials posted on the websites of third parties to which the User accesses in connection with the use of the Applications, as well as for the availability of such websites or information and the consequences of their use by the User.
4.7. A link (in any form) to any site, product, service, commercial or non-commercial information placed within the scope of the Applications is not an endorsement or recommendation of these products (services, activities) by Global Flowers unless expressly indicated by Global Flowers.
4.8. By accepting the terms of this Agreement, User grants Global Flowers a simple (non-exclusive) license to use the Content in the following ways:
4.8.1. reproduce the Content, i.e. make one or more copies of the Content in any material form, as well as record it in the memory of the electronic device (right to reproduce);
4.8.2. distribute copies of the Content, i.e. provide access to the Content reproduced in any material form, including by network and other means, as well as by selling, renting, hiring, lending, including import for any of these purposes (the right to distribute);
4.8.3. Publicly show Content (right to public display);
4.8.4. publicly execute the Content (the right to public performance);
4.8.5. disclose the Content in such a way that any person can access it online from anywhere and at any time of his choice (the right to be made public);
4.8.6. modify the Content, i.e. redo or otherwise redesign the Content, including translation of the Content from one language to another (right to redesign);
4.8.7. the right to assign all or part of the acquired rights to third parties (the right to sublicense).
4.9. This simple (non-exclusive) license to use the Content is granted by Global Flowers at the same time as the Content is added to the Application for the entire term of exclusive rights to copyright and/or related rights forming such Content for use throughout the world.
4.10. The User guarantees the right to dispose of the Content under the terms of the above license to the extent necessary.
5. Transferable rights to third parties
5.1. By posting your video through the use of Global Flowers services, you grant us and each user of the Service a non-exclusive, royalty-free, worldwide, limited license to access and use your Content to the extent permitted by the functionality of the Service, such as: the right to reproduce, distribute, modify, display and perform it in any media formats through any media channels, including through iframe technology, which allows anyone to watch your video content on third-party websites through a player that had been embedded, except Content not shared publicly (private mode) will not be distributed outside the Service.
6. Notices
6.1. Global Flowers may send information electronic messages (hereinafter referred to as «noticers») to the User at the email address specified in his/her Personal Account about important events occurring within or in connection with the Application.
6.2. Among other things, it is allowed to use noticers to inform the User about restrictions on access to the Application and/or the Service in connection with preventive work, violations of the User, changes in the functionality of the Application, content or conditions for providing the Service, including changes to the Agreement, mandatory and additional documents.
6.3. Global Flowers may, at its sole discretion, use notices to advertise its own services and third -party products (services).
7. Electronic Signature Agreement
7.1. In the relationship between Global Flowers and the User, electronic documents certified by a simple electronic signature can be used.
7.2. A simple electronic signature is an electronic signature which, by using the User's login and password or the User's email address (e-signature key) specified in the Personal Account, confirms the creation of the electronic signature directly by the User.
7.3. By agreement of the Parties, electronic documents signed by a simple electronic signature are recognized as equivalent documents on paper, signed by hand.
7.4. Global Flowers determines the User to whom a simple electronic signature corresponds, by the User's login and password specified during registration/or authorization in the Application - in case of any actions to use the Service, or at the email address used by the User - in case of Global Flowers receiving messages from such address.
7.5. Any actions performed using a simple electronic signature of a particular User shall be deemed to have been performed by such User.
7.6. The User's ordering of access to the Service by means of software in his Personal Account or by sending Global Flowers an email from the address specified in the Personal Account indicates the signing of such electronic document by a simple electronic signature of the User and confirms his intention to conclude an agreement on the terms specified in the corresponding additional documents for the use of such Service.
7.7. The User shall keep the electronic signature key confidential. In particular, the User does not have the right to transfer his login and password or provide access to his email to third parties, and is fully responsible for their safety and individual use, independently choosing the method of their storage and restriction of access to them.
7.8. In case of unauthorized access to the login and password, their loss or disclosure to third parties, the User shall immediately inform Global Flowers by sending an email from the email address specified in his Personal Account.
7.9. In case of loss or unauthorized access to the email address specified in the Personal Account, the User shall immediately replace such email address in the Personal Account with a new one and inform Global Flowers of this fact by sending an email from the new email address.
8. Final provisions
8.1. This Agreement shall be governed by and construed in accordance with the laws of the Russian Federation. Matters not settled by this Agreement shall be resolved in accordance with the legislation of the Russian Federation. All possible disputes arising out of the relations regulated by this Agreement shall be settled in accordance with the procedure established by the effective legislation of the Russian Federation, according to the norms of Russian law. Everywhere in the text of this Agreement, unless expressly stated otherwise, the term «legislation» means the legislation of the Russian Federation.
8.2. If, for one reason or another, one or more provisions of this Agreement are declared invalid or unenforceable, this shall not affect the validity or applicability of the remaining provisions of this Agreement.
8.3. Failure to act by Global Flowers in the event that the User or other Users violate the provisions of the Agreements shall not deprive Global Flowers of the right to take appropriate actions in defense of its interests at a later date, nor shall Global Flowers waive its rights in the event of subsequent such or similar violations.
8.4. All disputes under or in connection with the Agreement shall be considered in court at the location of Global Flowers in accordance with the applicable procedural law of the Russian Federation.
8.5. This Agreement is in Russian and in some cases may be made available to the User in another language. In case of discrepancy between the Russian version of the Agreement and the other language version of the Agreement, the provisions of the Russian version of this Agreement shall apply.