Last updated: January 22, 2023
Please read these terms and conditions carefully before using Our Service.
Welcome and thank you for visiting opalandorchids.com (this “Site”), owned and operated by Opal and Orchids (“Opal and Orchids,” “we,” “us” or “our”). These Terms and Conditions (these “Terms and Conditions”) govern your use of this Site and apply to all users of the Site, including browsers, vendors, customers, and/or contributors of content.
Binding Effect; Changes to these Terms and Conditions
By using this Site or any services provided in connection with the Site, you agree to accept and comply by all the Terms and Conditions set by Opals and Orchids. Opal and Orchids reserves the right to revise and change these Terms and Conditions from time to time, at any time, as and/or when needed. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the Site. Any use by you of the Site after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletions.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Site and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our service.
You agree to review these Terms and Conditions periodically to be aware of such revisions. If at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site and cease all use. YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
If you are 13 or older but under the age of 18, you should review these Terms of Use with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision.
If you are a parent or guardian of a child who is at least 13 years of age, but under the age of 18, and you give your child permission to use the Website, you hereby agree to the terms set forth in these Terms if Service on behalf of both yourself and your child. If you reside in a jurisdiction that would restrict the use of the Website – or any of the functionalities or features offered via the Website – because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Website if you are not permitted to do so by such local jurisdiction. Please note, if you reside in the European Economic Area, Switzerland or the United Kingdom, you must be 16 years of age or older, and any use of or access to the Website by anyone under 16 is unauthorized.
Changes to the Site
Opal and Orchids shall have the right at any time and from time to time to change or discontinue any aspect/feature of the Site, including, but not limited to, the content, hours of availability, and equipment needed for access or use.
Intellectual Property Rights; Copyrights, Trademarks, and Other Proprietary Rights
All content on the Site, including text, photos, video, graphics, software, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire contents of the Site are copyrighted as a collective work under the United States copyright laws and Opal and Orchids owns the copyright in the selection, coordination, arrangement and enhancement of such content.
All trademarks appearing on the Site are the property of their respective owners, including, in some instances, Opal and Orchids, and/or affiliated companies. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Opal and Orchids or by any third party.
You may print or have printed by any third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Site without the express written permission of Opal and Orchids and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. If you wish to use any of the photos, text, graphics, videos, and/or any other material found on this Site owned by Opal and Orchids, especially for commercial use, please contact us first and state your intent and purpose for doing so.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Opal and Orchids.
Opal and Orchids has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Communications to the Site
You hereby grant to Opal and Orchids a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media, or technology now known or later developed, all communications, including but not limited to all remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site, whether by email, posting, uploading or otherwise.
Privacy Policy
Opal and Orchids’ Privacy Policy can be found here. The Privacy Policy is incorporated into this Agreement by this reference.
Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately.
Limitation of Liability; “As Is” and “As Available” Disclaimer
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY OPAL AND ORCHIDS ON AN “AS IS” AND “AS AVAILABLE” BASIS. OPAL AND ORCHIDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OPAL AND ORCHIDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPAL AND ORCHIDS DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; THE SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM OPAL AND ORCHIDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OPAL AND ORCHIDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, LOST DATA, AND CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if we have made them available to you on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Questions
If you have any questions, comments, and/or concerns about these Terms and Conditions, please contact us by email at opalandorchids@gmail.com.