Terms and Conditions
Welcome to Avoviva (the "Site"), owned and operated by Fern & Petals Inc. "Fern & Petals," "Company," "we," "us," or "our". These Terms and Conditions "Terms" govern your access to and use of the Site, including any content, functionality, and services offered on or through www.avoviva.com the "Website".
By accessing or using the Website, you agree to be bound by these Terms and our [Privacy Policy]. If you do not agree to these Terms, please do not use the Website.
1. About Avoviva
Avoviva is a brand owned and operated by Fern & Petals Inc., a company organized under the laws of [N.Y., UNITED STATES OF AMERICA], with a principal place of business at Jamaica, south Ozone Park .
2. Trademarks
AVOVIVA® is a registered trademark of Fern & Petals Inc. All other trademarks, service marks, trade names, logos, and brand elements displayed on this Website, whether registered or unregistered, are the property of Fern & Petals Inc. or their respective owners.
You may not use, reproduce, copy, modify, or distribute the Avoviva name, mark, or logo, or any confusingly similar mark, without the prior written consent of Fern & Petals Inc. Nothing on this Website should be construed as granting any license or right to use any trademark displayed on the Site without our written permission or that of the applicable third-party owner.
3. Copyright and Intellectual Property
All content on this Website — including but not limited to text, graphics, logos, product images, packaging designs, product designs, icons, button graphics, audio and video clips, data compilations, and software — is the property of Fern & Petals Inc. or its licensors and is protected by United States and international copyright, trademark, patent, trade dress, and other intellectual property laws.
In particular:
All product packaging designs, artwork, and visual design elements associated with Avoviva products are the exclusive property of Fern & Petals Inc. and are protected under applicable copyright law.
The compilation of all content on this Website is the exclusive property of Fern & Petals Inc. and is protected under copyright laws.
No content from this Website may be reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution, or for any commercial enterprise, without our express prior written consent.
You may view, download, and print materials from the Website solely for your own personal, non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices.
4. Unauthorized Use
Any unauthorized use of the AVOVIVA® trademark, or any reproduction, imitation, or unauthorized use of Fern & Petals Inc.'s copyrighted packaging, designs, or other protected works, may result in civil and/or criminal penalties. Fern & Petals Inc. actively enforces its intellectual property rights and will pursue all available legal remedies against infringement, including claims for damages, injunctive relief, and recovery of attorneys' fees where permitted by law.
If you believe your intellectual property rights have been infringed upon by content on this Website, please contact us at [legal/contact email].
5. Use of the Website
By using the Website, you agree that you will not:
Use the Website for any unlawful purpose or in violation of these Terms;
Attempt to gain unauthorized access to any portion of the Website, other accounts, or computer systems connected to the Website;
Use any automated means (bots, scrapers, spiders) to access or collect data from the Website without our prior written consent;
Interfere with or disrupt the operation of the Website or servers or networks connected to the Website;
Upload or transmit viruses, malware, or any other malicious code;
Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
We reserve the right to suspend or terminate your access to the Website at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
6. Products and Order
All product descriptions, images, and pricing are subject to change without notice.
We reserve the right to limit quantities, refuse, or cancel any order at our discretion.
Prices are listed in [currency] and do not include applicable taxes or shipping unless stated otherwise.
Payment must be received in full before order fulfillment.
Please refer to our [Shipping Policy] and [Returns & Refunds Policy] for further details.
7. User-Generated Content
If the Website allows you to submit reviews, comments, photos, or other content ("User Content"), you grant Fern & Petals Inc. a non-exclusive, royalty-free, worldwide, transferable, sublicensable license to use, reproduce, modify, adapt, publish, and display such User Content in connection with the Website and our marketing of Avoviva products.
You represent that you own or have the necessary rights to the User Content you submit and that it does not infringe upon the rights of any third party.
8. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FERN & PETALS INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless Fern & Petals Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Website or violation of these Terms.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved in the state or federal courts located in [Jurisdiction], and you consent to the exclusive jurisdiction of such courts.
(If you intend to require arbitration, insert an arbitration clause here — this typically needs attorney review.)
12. Changes to These Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website, with the "Last Updated" date revised accordingly. Your continued use of the Website after any changes constitutes your acceptance of the revised Terms.
13. Contact Us
If you have any questions about these Terms, please contact us at:
Fern & Petals Inc. Contact email- info@avoviva.us, or fernandpetals9@gmail.com
Contact Phone Number- +1 (404)-428-0540
"Thank you for being part of the Avoviva community."
— Team Avoviva