Effective Date: November 24, 2025
Welcome to the Services provided by Golden Gate Blooms LLC, a California limited liability company (referred to herein as "The Company," "we," "us," or "our"). The Company provides services, including the creation of personalized digital artwork and physical accessories (collectively, the "Services"), through our website, www.theweer.com (the "Site"), and associated applications.
By accessing or using our Services, you agree to be bound by these comprehensive Terms of Service (the "Terms"). Please read them carefully. If you do not agree to all of these Terms, you must not use our Services.
For the purposes of these Terms, "Customer," "you," or "your" refers to the user accessing or using the Services.
This section defines who may use the Services and the responsibilities associated with maintaining an account.
You must be at least eighteen (18) years old and capable of forming a binding contract to use our Services, register an account, and place orders.
Minors Aged 13 to 17: Individuals between the ages of thirteen (13) and seventeen (17) may only use the Services with the explicit knowledge, consent, and continuous supervision of a parent or legal guardian. The parent or legal guardian must review and agree to these Terms on the minor's behalf and is fully liable for all actions, obligations, and liabilities incurred by the minor while using the Services. Use by anyone under 13 is strictly prohibited.
You warrant that all information you provide to The Company during registration, account creation, or checkout is truthful, accurate, complete, and current. You must promptly update this information as necessary to maintain its accuracy.
You must not use false information, impersonate any person or entity, or create an account for anyone other than yourself, unless legally authorized to do so.
The Company reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion, particularly if the information provided is deemed false or misleading.
You are entirely and solely responsible for all activities that occur under your account and for maintaining the confidentiality of your account password and credentials.
You must notify The Company immediately upon becoming aware of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with this security obligation.
This section clarifies the ownership and licensing of the images you upload and the customized products we create.
Ownership: You retain all copyright, title, and ownership rights in and to the original photograph or image you upload for processing (the "Original Content").
Grant of Limited License: By uploading Original Content, you grant The Company, its affiliates, and service providers a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and create Derivative Works (defined below) from the Original Content. This license is granted strictly for the following purposes:
Definition of Derivative Works: The output created by The Company, including the modified digital image, the specific artistic interpretation, and the final physical product design/mold, constitutes an original intellectual creation and a "Derivative Work" under copyright law.
Ownership of Derivative Works: The Company owns all rights, title, and interest in and to the Derivative Works, including all copyrights and proprietary rights.
Service Fee: The fees you pay are for the service of creating the Derivative Work and manufacturing the physical product, and do not grant you ownership of the underlying intellectual property rights in the Derivative Work.
License for Physical Product.
Upon delivery of your order, The Company grants you a limited, non-exclusive, non-transferable, and revocable license to use the final physical product you receive (e.g., the piece of jewelry or accessory) for your personal, non-commercial use. This license is for the physical object itself and does not grant any rights to the underlying Derivative Work's design or intellectual property.
License for Digital Elements.
We may provide you with certain digital files or renderings of the Derivative Work (the "Digital Elements"). If provided, The Company grants you a limited, non-exclusive, non-transferable, and revocable license to use these Digital Elements only for the specific, non-commercial purpose explicitly communicated to you at the time of delivery (e.g., setting a digital image as a personal wallpaper on your electronic device).
Strictly Prohibited Uses.
You are expressly prohibited from:
Any use not expressly authorized in this Section C constitutes a material breach of this agreement and an act of copyright infringement. To seek permission for any use not granted here, you must obtain The Company's explicit, prior written authorization.
The personalization service involves a unique blend of digital algorithms and human artistic interpretation.
Subjective Outcome Acknowledgment: You acknowledge and agree that the resulting Derivative Work is an artistic interpretation of the Original Content. The Company does not guarantee an exact replica, aesthetic perfection, or subjective satisfaction, or a precise color match between digital previews and the final physical product. Colors may vary significantly due to the manufacturing process and device display differences.
No Liability for Likeness or Aesthetics: The Company expressly disclaims all liability for customer dissatisfaction regarding the artistic style, color choices, aesthetic outcome, or any perceived lack of likeness to the individuals or objects depicted in the Original Content.
Minor Adjustments: The Company reserves the right to make minor compositional adjustments (e.g., cropping, scaling, focusing) to the Original Content as necessary to optimize it for the physical product design.
Approval Process: If an artwork preview is provided, your approval signifies acceptance of the artistic design, and no further aesthetic adjustments will be made.
General Products: All products are manufactured based on the unique specifications selected during the ordering process. The Company makes no representation or warranty regarding the suitability of any product for a particular use outside of its standard decorative or accessory purpose.
Phone Cases and Accessories (Decorative Only): Any phone cases, or similar accessories are designed and sold only for decorative purposes.
NO PROTECTION WARRANTY: The Company explicitly disclaims all warranties, express or implied, regarding the protective capabilities of these items. They are not guaranteed to protect your device from impact, scratches, drops, liquid damage, or any other harm.
Customer Assumption of Risk: By purchasing and using these accessories, you assume the entire risk of damage to your electronic device. The Company will not be liable for any damage to your phone or other device resulting from the use or failure of its accessories.
"As Is" Basis: All products and components of the Services are sold on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Carrier Contract: All physical goods purchased from the Services are made pursuant to a shipment contract. The Company's responsibility for the goods ceases upon tender of the items to the designated common carrier.
Transfer of Title: The risk of loss and title for all products passes to you upon The Company's delivery of the goods to the shipping carrier.
Carrier Delays/Damage: The Company is not responsible for shipping delays, packages marked as delivered but not received, or damage to products incurred while in the carrier's possession. Claims for non-delivery or shipping damage must be pursued directly with the shipping carrier.
Final Sale: Due to the custom, made-to-order nature of our personalized products, all sales are final once the production process (creation of the digital artwork) has begun.
Warranty Disclaimer for Personalized Items: TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PERSONALIZED PRODUCTS ARE SOLD "AS IS." THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES FOR THESE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Acceptable Returns/Exchanges (Defects Only): Returns or exchanges are only permitted for products that contain a demonstrable manufacturing defect in materials or workmanship, or verifiable damage incurred before shipment. You acknowledge and agree that minor variations in color, texture, or finish between the digital preview, any provided digital wallpaper, and the final physical product are inherent to the manufacturing and digital rendering process and shall not be considered a manufacturing defect.
Claim Process: Claims for defects must be submitted to The Company within seven (7) days of the confirmed delivery date. You must provide clear photographic evidence of the defect.
Return Merchandise Authorization (RMA): Approved returns require a valid RMA number issued by The Company. Items returned without an RMA number may be refused or incur a fee.
Material Disclosure: The Company's products are constructed from various materials, which may include brass, stainless steel, plated zinc alloys, specific plastics, resins, and various coatings.
Allergen Responsibility: The Company does not warrant that its products are free from allergens such as nickel, lead, or specific plasticizers. Customers with known material sensitivities or allergies purchase and use our products entirely at their own risk. It is your sole responsibility to inquire about materials and cease use immediately if any adverse reaction occurs.
Product Misuse: Our products are not toys and should be kept out of the reach of small children. The Company is not liable for injury resulting from misuse or ingestion of its products.
Right to Modify: The Company reserves the right, at any time and in its sole discretion, to modify, update, discontinue, suspend, or terminate the Services (or any part or content thereof) without prior notice.
Termination of Account: The Company may terminate or suspend your account and deny access to the Services, at its sole discretion, for any reason, including, without limitation, a breach of these Terms.
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, United States, without giving effect to any principles of conflicts of law.
Agreement to Arbitrate: You and The Company agree that any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or the breach, termination, enforcement, interpretation, or validity thereof, shall be settled exclusively by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its then-current Consumer Arbitration Rules.
Location: The arbitration shall be conducted in Sacramento County, California, or remotely as permitted by the AAA rules, unless The Company and you agree otherwise.
You and The Company agree that any arbitration or proceeding shall be conducted solely on an individual basis. You and The Company expressly waive the right to bring or participate in any class action, consolidated action, or representative action against The Company or its affiliates.
Assignment Rights: The Company may, without restriction or notice, assign, transfer, or delegate its rights and obligations under these Terms to any affiliate, successor, or purchaser of all or substantially all of its assets in connection with a merger, acquisition, or sale of assets ("Assignment").
Continued Acceptance: In the event of an Assignment, you agree that your existing acceptance of these Terms shall automatically transfer to the successor entity, and no re-consent will be required.
Corporate Family: You acknowledge that The Company may rely on affiliates, subsidiaries, and third-party contractors to provide the Services, and these entities shall be intended third-party beneficiaries of The Company's rights and protections under these Terms.
This section governs the terms of participation for individuals or entities enrolled in The Company's Affiliate Program.
By applying for or participating in our Affiliate Program (the "Program"), or by agreeing to work with us as an affiliate marketer, you (the "Affiliate") agree to be bound by these Affiliate Program Terms. You further acknowledge and agree that We (The Company) reserve the right, at our sole discretion, to restructure, replace, or update these terms. This may include, but is not limited to, publishing a separate, standalone Affiliate Agreement or a completely revised set of program terms on a dedicated legal page. Your continued participation in the Program after any such change is posted constitutes your binding acceptance of the new terms.
The Affiliate's relationship with Us is solely that of an independent contractor. Nothing in this Agreement will create a partnership, joint venture, agency, franchise, or employment relationship between the Affiliate and The Company. The Affiliate is responsible for all taxes and liabilities associated with their business operations.
The Affiliate must comply with all applicable laws and regulations, including the Federal Trade Commission (FTC) Endorsement Guides regarding clear and conspicuous disclosure of the affiliate relationship in all promotional content. Prohibited activities include, but are not limited to: brand bidding on our trademarks; sending unsolicited emails (spam); employing deceptive or misleading practices; promoting on sites with unlawful, pornographic, or hateful content; and self-referrals (using the link/code for the Affiliate's own purchase).
This subsection details the current operational mechanics of the Program and is subject to change as outlined in Section 10.1.
A "Qualified Sale" is a transaction that meets all of the following criteria: (a) the customer was referred using your unique tracking link or a valid, active promotional code issued to you; (b) the sale is fully paid, not fraudulent, and has not been refunded or returned; (c) the sale is not a self-referral.
Customer Benefit: The use of your Affiliate promotional code will automatically apply a fifteen percent (15%) discount to the product subtotal for the customer at checkout. This discount applies only to the product price and explicitly excludes shipping costs, taxes, and handling fees.
Commission Calculation: Your affiliate commission is calculated based on the "Net Sale Amount." The "Net Sale Amount" is defined as the final product price actually paid by the customer after the application of your promotional code discount, and further excludes all shipping costs, taxes, and handling fees.
Commissions are paid as a percentage of the Net Sale Amount, based on the total number of Qualified Sales attributed to your promotional code(s) within a calendar month:
Example: If a customer's product subtotal is $100 and uses your code, they pay $85 for the product (plus shipping/tax). If you are in Tier 1, your commission is 15% of $85 = $12.75.
Dynamic Commission Structure: The Company reserves the right to modify, adjust, or restructure the commission tiers, rates, qualification thresholds, and customer discount percentages at any time and at its sole discretion.
Notice of Changes: The Company will provide affiliates with notice of any material changes to these terms via email. Such changes will become effective no less than seven (7) days after the email is sent.
Continued Participation: Your continued participation in the Program after the effective date of the changes constitutes your binding acceptance of the new terms.
Promotional Code Management: All promotional codes are subject to activation, expiration dates, and usage caps (e.g., a maximum number of redemptions) as determined by The Company at its sole discretion. The Company is not liable for sales that fail to qualify due to an expired, deactivated, or capped code.
Payouts occur monthly, approximately 45 days after the month's end, subject to a minimum payout threshold of $50.00 USD. We may withhold payment pending investigation of fraudulent activity or disputed sales. You must provide a completed W-9 or W-8BEN form before your first payout.
We grant the Affiliate a non-exclusive, revocable license to use the trademarks, logos, and marketing materials We provide (the "Licensed Materials") solely for the purpose of promoting our products under this Program. This license terminates immediately upon your termination or removal from the Program.
The Affiliate agrees to indemnify, defend, and hold harmless Us, our officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your participation in the Program; (b) your breach of these terms; (c) your use of the Licensed Materials; or (d) your promotional activities, including any claim that your content infringes a third party's rights or violates any law.
THE PROGRAM IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES related to the Program (express or implied) and WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO THE Affiliate WILL NOT EXCEED THE TOTAL COMMISSIONS PAID TO YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
Either party may terminate this Affiliate Agreement at any time with written notice. Upon termination, the Affiliate must immediately cease all use of the Licensed Materials and remove all affiliate links and promotional content.
You warrant and agree that your use of the Services, and the Original Content you upload, will not: (i) violate any applicable law, regulation, or governmental order; (ii) infringe upon the intellectual property, privacy, or publicity rights of any third party; (iii) contain libelous, defamatory, obscene, pornographic, abusive, or hateful material; or (iv) depict or promote illegal acts, violence, or discrimination.
The Company reserves the right to immediately cancel any order, without refund, that violates this section, and to report such violations to appropriate authorities.
By uploading Original Content, you specifically represent and warrant the following:
Rights and Consent: You are the legal owner of the image, or you have obtained the explicit, written, and informed consent from every identifiable individual depicted in the photo to use their image for the purposes of creating custom artwork and physical products.
Indemnification: You agree to indemnify, defend, and hold harmless The Company, its officers, directors, employees, and agents from and against any and all claims, demands, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of the photo upload warranties. This includes, but is not limited to, any claims brought by third parties alleging infringement of intellectual property rights or violation of privacy/publicity rights due to the Original Content you provided.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM:
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00).
YOU ACKNOWLEDGE AND AGREE THAT THE CREATION AND FULFILLMENT OF YOUR PERSONALIZED ARTWORK REQUIRES THE TRANSMISSION OF YOUR UPLOADED PHOTOS TO THIRD-PARTY VENDORS AND SERVICE PROVIDERS ("CONTRACTORS"). WHILE WE ENTER INTO STRICT CONFIDENTIALITY AND DATA PROCESSING AGREEMENTS WITH ALL CONTRACTORS AND TAKE COMMERCIALLY REASONABLE EFFORTS TO VET THEIR PRACTICES, WE CANNOT AND DO NOT GUARANTEE THE ABSOLUTE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM SUCH THIRD PARTIES. YOUR USE OF OUR SERVICES CONSTITUTES YOUR ACKNOWLEDGEMENT OF THIS INHERENT RISK.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.
For questions regarding these Terms of Service, please contact The Company at: